Life Sciences
Misleading "organic" claim for cosmetic products
LVwG Lower Austria from 13.11.2023, LVwG-S-1656/001-2023 - Misleading "organic" claim for cosmetic products. A cosmetic product was placed on the market in an eye-catching manner on the front of the cardboard packaging in the same field of vision as the product name with the indication "organic" with 2 leaves and a circular text in small letters "with valuable active ingredients from nature". The front of the product [...]
Buckwheat germ flour with a high spermidine content, a novel food?
CJEU from 25.05.2023, RS C-141/22 – Buckwheat germ flour with a high spermidine content, a novel food? The CJEU recently received a request for a preliminary ruling on the interpretation of Article 3(2)(a)(iv) and (vii) of Regulation (EU) 2015/2283. The referring court wanted to know whether a foodstuff such as buckwheat germ flour with a high spermidine content constitutes a "novel food" within the meaning of [...]
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FSMP: ECJ on nutrient requirements. End in sight?
On 27.202022 the long-awaited decision of the ECJ on the questions referred by the OLG Düsseldorf appeared (ECJ C-418/21, 27.10.2022). In summary, the OLG Düsseldorf sought to understand what is to be understood by other medically related nutritional needs under Art 2(2)(g) of Regulation No 609/2013, specifically whether this justifies a broad understanding, as this [...]
Unacceptable health claims for the reduction of skin wrinkles
OLG Stuttgart, judgment from 04.11.2021, 2 U 49/21 - Inadmissible health claims on the reduction of skin wrinkles. Statements on the reduction of skin wrinkles in the advertising of a foodstuff are to be classified as specific health claims within the meaning of Art. 10 of Regulation (EC) No. 1924/2006 of the European Parliament and of the Council (so-called Health Claims Regulation) if the optical effect of a [...]
Misleading health-related advertising for a medical product
OLG Hamm, judgment of 21.4.2022, 4 U 39/22 - Misleading health-related advertising for a medical product. The so-called "strict principle" is applied to protect consumers not only in health-related advertising for pharmaceutical products, but also when medical products, which only have a physical effect and are not absorbed by the body (here: a wound dressing for absorbing and binding wound exudate), [...]
Questions of interpretation on the Novel Food Regulation - Topic Spermidine
Reference for a preliminary ruling from the LG Graz, Case C-141/22 - Questions of interpretation of the Novel Food Regulation / Subject Spermidine. The case concerns a food supplement containing spermidine, in which during the production of the product buckwheat seeds germinate into sprouts in a nutrient solution containing synthetic spermidine as hydroponics. After harvesting, the sprout is washed with water, dried and ground into sprout meal. Through [...]