Germany
Further European developments on food labelling: European Committee specifies rules regarding the draft Regulation on the provision of food information to consumers
Jarste Akkermann, Frankfurt
In January 2008 the European Commission submitted the draft Regulation on the provision of food information to consumers amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 and repealing Directives 87/250/EEC, 90/496/EEC, 1999/10/EC, 2000/13/EC, 2002/67/EC, 2008/5/EC and Regulation (EC) No 608/2004. The draft Regulation aims at clarifying food labels in order to provide consumers with better nutritional information to make their choices, being legible and not misleading. The draft legislation has now been discussed and voted at the second hearing by the Committee on the Environment, Public Health and Food Safety of the European Parliament ('Environment Committee') on 19 April 2011 which brought further proposals for amendments.
Italy
Labelling of foodstuffs
Licia Garotti and Linda Brugioni, Milan
While tasting a chocolate bar, remember that you are most probably eating also a small percentage of illipe, palm oil, sal, shea, kokum gurgi, mango kernel and not just cocoa butter. You may be lucky and you may have found a chocolate bar made only with cocoa butter, but no indication of "purity" in the sales name will guide you from now on in Italy, except from the ingredients list.
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The Netherlands
Trademark protection for chocolate: sweet or a bitter aftertaste?
Manon Rieger-Jansen and Linda Brouwer, The Hague
With Easter just gone, it is a good time to reflect on the chocolate products in all kind of shapes, such as bunnies, eggs and chickens that you have enjoyed. Next to the fact that for most people chocolate is a sweet and lovely treat, it is interesting to take a closer look at the shape of chocolate from a legal point of view as well.
Poland
Amendment of Act on Probation and Bottling of Wine Products, Trade in these Products and Common Organization of the Market in Wine
Olga Lesniewska and Emilia Stepien, Warsaw
On 1 April 2011 the lower chamber of the Polish Parliament adopted an amendment to the Act on Production and Bottling of Wine Products, Trade in these Products and Common Organization of the Market in Wine (the Amendment). The Amendment is expected to be adopted by the upper chamber of the Parliament soon. It is likely that it will come into force in the next few months. Its aim is to adapt Polish law to EU requirements.
Forthcoming Restriction of Food Advertisements Addressed to Children
Olga Lesniewska and Emilia Stepien, Warsaw
Recently, the Parliament adopted an amendment to the Broadcasting Act of 29 December 1992. The Amendment transposes the Audiovisual Directive (2010/13/EU) that should have been implemented by December 2009. The Amendment comes into force on 23 May 2011.
Sweden
Proposal to reduce Value Added Tax on Restaurant and Catering Services
Jakob Lamm, David Nilsson and Sara Sparring, Stockholm
In April, the Swedish government presented the spring financial bill for 2011. The bill commences by stating that Sweden's currently strong financial position lays the foundations necessary to continue in the implementation of pivotal parts of the joint manifesto of the parties which form the Swedish minority right/centre government.
UK
Article 13 Health Claims Approved by EFSA
Amy Williams, London
European Regulation 1924/2006 addresses the use of health and nutritional claims when marketing foods. The Regulation entered into force in January 2007 and Article 13 provided that the central regulatory body, the European Food Safety Authority (EFSA), would consider claims put forward by the competent authorities of the Member States, in order to produce a list of approved health claims which have sufficient scientific basis and are worded so as to be understood by the average consumer.
Counterfeit Wine on sale in the UK
Mary Smillie, London
Reports from the internet including a press release on the Jacob's Creek wine website on 29 March 2011 indicate that counterfeit Jacob's Creek wine has been on sale in the UK. This followed a customer complaint to Pernod Ricard, the owners of the Jacob's Creek brand that the wine was of low quality and had a substandard taste. Tests have indicated that the wine is not harmful to health if consumed.
OHIM Board of Decision regarding 3-D mark to be appealed to the General Court
Mary Smillie, London
Nordic Spirit AB v Voss of Norway ASA ("Voss")
Voss obtained a registration for the three-dimensional Community Trade Mark (CTM) for a bottle in relation to Class 32 (Beers, non-alcoholic drinks, water) and Class 33 (Alcoholic beverages except beers).
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