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Belgium |
Towards a prohibition of Bisphenol A in food containers?
Isabelle Dupuis and Nicolas Carbonnelle, Brussels
Bisphenol A (or "BPA") is a chemical compound widely used in the manufacture of polycarbonate plastics. BPA consequently enters in the composition of a large variety of common products, such as baby and water bottles, sports equipment, medical and dental devices. Epoxy resins containing BPA have also commonly been used for years as coatings on the inside of food and beverage cans. According to Commission Directive 2002/72/EC dated 6 August 2002 relating to plastic materials and articles intended to come into contact with food, BPA is permitted for use in food contact materials in the EU.
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Czech Republic |
The famous Czech beer trade mark "Budweiser" definitely stays home
Andrea Jarolimkova and Miloslav Sinfeld, Prague
The famous beer trade mark "Budweiser" can now be used in the EU only by the Czech brewery Budějovick Budvar. After more than ten years the European Court of Justice issued a final decision in July 2010 on the dispute between Budějovick Budvar and the American brewery Anheuser-Busch.
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France |
Deletion of bar codes sanctioned as trade mark infringement
Adeline Golvet and Isabelle Leroux, Paris
The French Supreme Court has recently had occasion to rule twice on the matter of deletion of bar codes and the question as to whether this act can be sanctioned as a trade mark infringement.
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Germany |
Bread insurrection – discounter Aldi Sd brought to trial by bakers
Jarste Akkermann, Frankfurt
The National Federation of Bakers Association has started an open dispute over the vending machines of the discount supermarket Aldi Sd. The National Federation of Bakers Association is challenging Aldi Sd because of consumer perception. The crucial question is whether the vending machines used by Aldi Sd bake the bread and bread rolls or only brown them. The National Federation of Bakers Association has filed an action against Aldi Sd before the District Court of Duisburg because of misleading advertising.
European Commission reviews the progressive adoption of the list of permitted health claims
Jarste Akkermann, Frankfurt
The European Commission has announced its intention to restructure the process of Article 13 paragraph 1 claims of the Health Claims Regulation No 1924/2006 on 27 September 2010.
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Hungary |
Expected changes in legislation
Gergely Juhasz and Titusz Puskar, Budapest
In Hungary, a new piece of legislation is in the pipeline which would amend the law effective since January 2010, prohibiting unfair trade practices between retailers and suppliers in the Hungarian consumer food sector.
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Italy |
Amendments to the Italian Intellectual Property Code: more protection for geographical indications
Licia Garotti and Marco Annoni, Milan
With effect from 2 September 2010, the Italian Legislative Decree no. 131 of 13 August 2010 amended the Italian Intellectual Property Code ("IPC") with the aim, among the others, of harmonising the Code with the European and International laws.
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The Netherlands |
Bubbly - a justified basis of difference in taxation?
Kasper van Eck and Kimberly Schreuders, The Hague
Based on Dutch tax legislation, Dutch VAT and customs duties are levied on the import of various products amongst others on the import of wine. In general, on beverages containing alcohol, the standard rate of 19% of Dutch VAT is levied over the value for customs purposes. Contrary to the VAT, the rate of customs duties levied differs if the wine is either sparkling or non-sparkling. On sparkling wine (with an alcohol percentage of 12%) EUR 240 customs duties per hectolitre (approximately EUR 1.80 per bottle) are due, while on non-sparkling wine (with an equal percentage of alcohol) EUR 70 customs duties per hectolitre (approximately EUR 0.50 per bottle) are due.
Lidl / Vierzon: AG's opinion on comparative advertising for food products
Siobhan Rueter and Manon Rieger-Jansen, The Hague
On 7 September 2010, Advocate-General delivered his Opinion in Case C-159/09 (Lidl /Vierzon) and concluded that comparative advertising for food products is not by definition unlawful.
As follows from the Opinion, a 'sufficient degree of interchangeability' between the compared food products is required for the comparison to be legitimate. Should the ECJ (officially: Court of Justice) follow the Opinion of the Advocate-General, the decision would have its impact in countries such as France where comparative advertising for food products is deemed unlawful by the courts due to the nature of the products involved.
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Poland |
New code for children's ads
Olga Lesniewska and Emilia Stepien, Warsaw
The Polish Federation of the Food Industry Employers Union introduced a self-regulatory scheme: the Code Governing Food Advertisement Addressed to Children (the "Code"). The Code is based on the EU Pledge, the European initiative by leading food and beverage producers accounting for almost 60% of the EU food advertising market.
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Sweden |
Getting closer to new stricter food labeling rules?
Sara Sparring and Annika Svanberg, Stockholm
On 16 June 2010, the European Parliament voted for common rules on the labelling of food – font size, country-of-origin and nutritional labelling being three of the most important issues brought up in the Parliament.
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UK |
'Cachet' is not required for extended passing-off claims
Rachel Fetches, London
The English Court of Appeal has upheld the High Court decision that ICB was liable under the extended form of passing-off through the sale of its VODKAT alcoholic drink. ICB had appealed on a discrete point that the basis that a claim for extended passing-off is limited to products which have a cachet or are of superior quality, which it submitted vodka did not possess.
"No hidden nasties... No artificial colours or flavours and no aspartame" is defamatory
Audrey Horton, London
The supermarket chain Asda sold a range of own brand health foods, some of which were labelled "No hidden nasties", together with a legend typically reading "No artificial colours or flavours and no aspartame". Ajinomoto, a major manufacturer and supplier of the sugar-substitute generically known as aspartame, sued Asda for "malicious falsehood", also known as trade libel or slander of goods.
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