Belgium
The use of Bisphenol A in food containers: an update
Isabelle Dupuis and Nicolas Carbonnelle, Brussels
In our contribution to the October 2010 edition of the Food Law Digest, we explained that the use of Bisphenol A in food containers was a controversial issue. Since the publication of that Digest, some developments have occurred, which we summarise hereafter. As a reminder, the origin of the controversy is to be found in scientific uncertainties around the actual (neuro) toxicity of small amounts of BPA that can migrate from the packaging into foodstuffs or beverages contained in the can and therefore be ingested.
Germany
The German "dioxin incident"
Jarste Akkermann, Frankfurt
Since December 2010 there have been several media reports on dioxin in animal feed in Germany. Dioxin is a toxic, organic substance which is fat soluble. It can bind itself to the hormone receptors of human cells so that the cell function and the genetic mechanism is altered then causing a severe form of chronic acne and cancer. When animals have been fed with dioxin contaminated feed the dioxin can pass over to consumer products like eggs or meat. Depending on the level of dioxin contamination there can be a high risk for consumer health.
Broccoli and tomato breeding methods deprived of patent protection – decision of EPO Enlarged Board of Appeal of 9 December 2010, Referrals G 2/07 and G 1/08
Anna Wolters, Dsseldorf
On 9 December 2010 the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) gave judgment on the patentability of certain plant breeding methods. The EBA ruled that breeding methods consisting of the sexual crossing of plants and subsequent selection could be excluded from patentability as being "essentially biological processes" under Art. 53 (b) European Patent Convention (EPC) even if technical steps were involved in the breeding method.
Return to top
Italy
The Italian cheeses saga
Licia Garotti and Linda Brugioni, Milan
As cheese is the final course of every traditional Italian lunch, 2010 ended with food law news regarding Italian cheeses. Firstly, the European Committee for PDOs and PGIs finally approved the modification to the Technical Specification related to Parmigiano Reggiano cheese. These last modifications also include in such Specification the packaging and "grating" of the cheese in the geographical areas mentioned in the Specifications, i.e. Parma, Reggio Emilia, Modena, Bologna and Mantova.
The omission of notice implies misleading advertising
Licia Garotti and Linda Brugioni, MilanIt is also worth quoting a recent decision concerning misleading advertising in the field of food law.
The decision deals with the advertising of a dietary supplement. Under the health regulation, there is no duty for the producer to indicate contradications on the packaging of a dietary supplement, provided that such product is consumed according to the correct dosage established by Health Ministry guidelines and indicated in the internal leaflet.
The Netherlands
Update Lidl/Vierzon: comparative advertising for food products, part II
Siobhan Rueter and Manon Rieger-Jansen, The Hague
As reported by us in the previous edition of the Food Law Digest, the Advocate-General concluded in his Opinion in Case C-159/09 (Lidl /Vierzon) that comparative advertising for food products which differ in taste is lawful, provided that there is a 'sufficient degree of interchangeability' between the compared food products and the advertisement furthermore meets the requirements as listed in the European Directive on misleading and comparative advertising.
No celebrations for Unilever with Champagne shampoo
Richella Soetens and Linda Brouwer, The Hague
On 8 October 2010 the District Court of The Hague ordered Unilever to immediately cease the use of theprotected designation of origin Champagne for Unilever's celebratory Champagne shampoo and to recall all the Champagne shampoo bottles from the stores and distribution centres. So much for sparkling hair in 2011...
Return to top
Poland
Distributors are also liable for the quality of their products
Olga Lesniewska and Emilia Stepien, Warsaw
The court has confirmed liability of food distributors for products they market.
EU law explicitly regulates which ingredients butter must contain: between 80% and 90% milk fat, no more than 16% water and 2% dry non-fat milk-material. In Poland, there are many butter-like products sold as butter.
Eurocash acquires a part of Emperia
Olga Lesniewska and Emilia Stepien, Warsaw
Eurocash, one of the leading Fast Moving Consumer Goods (FMCG) companies in Poland, informed about the upcoming acquisition of Tradis, a distribution group owned by Emperia. This one-billion PLN transaction (approximately EUR 250 million) may take place once the Polish Antimonopoly Authority gives clearance on the concentration. Eurocash now owns "ABC" stores, a "cash and carry" wholesaler, and a delicatessen "Delikatesy Centrum".
Singapore
Tax breaks for F&B industry in Singapore
Karol Goh and Sundareswara Sharma, Singapore
Currently, companies doing business in Singapore pay income tax at the corporate tax rate of 17%, effective from Year of Assessment 2010. Partial tax exemptions of 75% of the first S$10,000 of chargeable income and of a further 50% on the next S$290,000 of chargeable income, provide for tax exemption of S$152,500 on the first S$300,000 of a company's chargeable income. Companies can achieve more tax savings under specific tax regimes.
Return to top
Sweden
Will the Swedish alcohol monopoly soon face local competition?
David Nilsson, Stockholm
It finally looks like the deeply rooted Swedish liquor monopoly, Systembolaget, will face some competition after almost 60 years of state sanctioned monopoly. According to a Government Report, producers of alcoholic beverages may obtain the right to sell alcohol directly to the consumer from their own premises - an arrangement simply labeled "yard sales" in translation, or "grdsfrsljning" in Swedish.
UK
Further appeal to be heard in sweeteners case
Mary Smillie, London
The October 2010 edition of Food Law Digest featured an article by Audrey Horton entitled "No hidden nasties... No artificial colours or flavours and no aspartame" is defamatory which reported the outcome of the Court of Appeal judgment in Ajinimoto Sweeteners Europe SAS v Asda Stores Ltd.
Vodkat
Amy Williams, London
Following the decision by the English Court of Appeal in the Vodkat case (reported in the October issue of Food Law Digest), Intercontinental Brands (ICB) have rebranded and amended the packaging of their Vodkat product. The drink is a vodka-based product and contains 22% alcohol by volume, rather than 37.5% as required for a spirit to be marketed as vodka. The action, brought by Smirnoff manufacturers Diagio, found ICB liable for misrepresentation and extended passing off.
Value Added Tax on sales of hot food
Timothy Goodwin, London
Sub One Limited (t/a Subway) v The Commissioners for Her Majesty's Revenue and Customs [2010] UKFTT 487 (TC)
This decision has clarified the UK law surrounding the application of Value Added Tax ("VAT") on hot food served over the counter and serves as a useful reminder for retailers on what food products VAT should be charged on.
Validity of patents for plant breeding processes
Amy Williams, London
Decision of EPO Enlarged Board of Appeal, 9 December 2010, Referrals G 2/07 & G 1/08
The Enlarged Board of Appeal recently heard the combined cases of G 2/07 and G 1/08 in which patents for the sexual crossing and subsequent selection of broccoli and tomato plants, respectively, were opposed on the basis of Article 53(b) of the European Patent Convention (EPC). This article specifically excludes from patentability "essentially biological processes".
Return to top
Contact us
