Food and Beverage Newsletter - October 2013

01 October 2013

Hands holding grain


Food Safety & the Food Recall System in China
Ai-Leen Lim and Jennifer Shi

Food safety incidents in China have been receiving increased public and media scrutiny as it becomes a bigger and bigger player on the world stage – both as a key importer and exporter. This started with the 2008 melamine milk scandal involving a local large milk producer (where 6 babies died and affected at least 294,000 other children), and unfortunately it seems like history keeps repeating itself with the recent scandal involving contaminated infant milk formula produced by one of the world’s largest diary exporters based in New Zealand. Read more>>

Czech Republic
News from the world of Czech alcoholic and non-alcoholic beverages
Andrea Jarolimkova and Eva Bajakova

In reaction to the so called "methyl alcohol affair" causing deaths of over 45 people since August 2012 in the Czech Republic, the Chamber of Deputies agreed to a draft of the act on mandatory labelling of spirits (the "Draft") and passed it to the Senate. The Draft, applying to spirits containing more than 15% of undenatured ethanol, introduces new legal measures intended not only to fight the black market and tax evasions, but also to protect consumers. Read more>>

New case law concerning advertising of alcoholic beverages on social networks
Alexandre Vuchot

On 3 July 2013, the Supreme Court of Appeal in France published its judgement against online advertising for alcoholic beverages via social networks. Ricard, a leading drinks company, launched an advertising campaign entitled “One Ricard, many encounters”, across the internet. It also launched a free mobile application, Ricard Mix Code, requiring a Facebook account, showing its video publicity campaign and allowing the user to collect codes which would give them access to recipes for cocktails made with Ricard, which the user could then share on their Facebook page...Read more>>

Legal aspects of VITAL Grid
Richella Soetens

With 17 million Europeans, including 600,000 Dutchmen, who suffer from one or even multiple food allergies, a good allergen management system in the food industry is of vital importance. In this respect, there is also a great need for clarity regarding the mentioning of possible cross-contamination (unintended presence) of allergens on food labels...Read more>>

Ritual slaugher discussions stopped
Krzysztof Korwin-Kossakowski

In July Poland witnessed a stormy discussion over the planned amendment law on ritual slaughter. The amendment was constructed to allow ritual slaughter and was to adjust the Polish Animal Protection Act to Council Regulation No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing. The Council Regulation permits ritual slaughter conducted for religious purposes (animals may be killed without stunning beforehand) but each country may adopt rules ensuring more extensive protection of animals at the time of killing...Read more>>

The Spanish Competition Authority affects the tangerine sector
Carlos Maldonado

On 4 July 2013, the Spanish Competition Authority -pursuant to a complaint filed by the farmers' association "Asociación Valenciana de Agricultores" ("AVA-ASAJA")- fined Nadorcott Protection S.A.R.L. ("NPS"), Carpa Dorada S.L. ("CD") and Club de Variedades Vegetales Protegidas ("CVVP") for setting up and implementing a traceability system aimed at restringing sales of Nadorcott tangerines. Nadorcott tangerines are also known as the favoured tangerine and it is one of the most valued tangerines in the market due to the fact that it produces a large quantity of fruits per tree, it does not have seeds inside and it offers a long period of conservation on the tree and in cold-storage. Read more>>

Chocolate Bar Wars: Cadbury v Nestlé and UK IPO v OHIM?
Audrey Horton, Rachel Fetches, Eleanor Root, Katharine Stephens

The UK Intellectual Property Office (IPO) has rejected an application to register the shape of the Nestlé KIT KAT four-fingered chocolate bar as a three-dimensional trade mark, in opposition proceedings brought by Cadbury. (In the matter of Application 2570766 by Société des Produits Nestlé SA and Opposition 101495 by Cadbury UK Ltd, UK Trade Marks Registry O-237-13 (Allan James), 20 June 2013). Read more>>

Contact Us

Jean-Christophe Troussel

Ai-Leen Lim
China and Hong Kong

Andrea Jarolimkova
Czech Republic

Tom Vapaavuori

Alexandre Vuchot

Ulf Grundmann

Giovanni Galimberti

Armand Killan
The Netherlands

Sheena Jacobs

Antonio Creus

David Nilsson

Jane Mutimear

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