Bird & Bird wins for JuicePlus+ with injunctions on false statements against SWR and SR

12-2020

Bird & Bird LLP has successfully concluded the legal dispute over false factual allegations by Südwestrundfunk (SWR) about fruit, vegetable and berry capsules from The JuicePlus+ Company Europe GmbH (JuicePlus+). 

In three preliminary injunctions against Südwestrundfunk and Saarländischer Rundfunk, the Press Chamber of the Hamburg Regional Court prohibited all three allegations made by SWR about JuicePlus+ products. The broadcaster recently withdrew an objection raised in May and recognised all the interim injunctions issued in full as final and legally binding. 

The Court determined that the products "do not have elevated pesticide levels" (case no. 324 O 61/20) and "that the recommended amount of folic acid, which may be consumed on a daily basis, is not exceeded by consuming the capsules" (case no. 324 O 58/20). Finally, the vitamin values indicated on the label do not differ from the values actually contained (case no. 16/20). 

JuicePlus+ had not been given a sufficient opportunity to comment on vitamin analysis and related quality assurance measures prior to the broadcast. SWR had sent questions to JuicePlus+. However, these questions did not address the allegedly incorrect vitamin information on the label. However, the principles of journalistic due diligence (duties of care) require that the person concerned be asked about the specific allegations before reporting.

“This is ground-breaking success for JuicePlus+ in all German-speaking countries," says Alexander Hinkhofer Coelho, Regional Director DACH of JuicePlus+.

Bird & Bird Partner Dr. Matthias Lang commented on this success: "JuicePlus+ has been one of our clients for over five years, including in Belgium, Finland and the United Arab Emirates, and I am very pleased that we have now been able to successfully advise them again in Germany.”

JuicePlus+ was represented by the following Bird & Bird attorneys: Partner Dr. Niels Lutzhöft, LL.M. and Associate Dr. Simon Hembt both Commercial/Media Law, Frankfurt am Main and Partner Dr. Sebastian Höpfner, Patent Attorney, Munich.