Misleading health-related advertising for a medical product

by in Life Sciences
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), [...]

Share for overtime and extra hours in all-in salary is suspended during parental part-time leave

by in Labor Law
Decision of the Vienna Higher Regional Court of 17.12.2021, 9 Ra 92/21x - Share for overtime and extra hours in all-in salary is suspended during parental part-time work. The decision of the Supreme Court is pending on the following facts, which the first and second instance have so far decided as follows: Since 2016, the plaintiff has been employed as a bank employee at the defendant company with 38.5 [...].

Questions of interpretation on the Novel Food Regulation - Topic Spermidine

by in Life Sciences
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 [...]

Regulation on limits of monacolins from red mold rice published

by in Life Sciences
Regulation (EU) 2022/860 - Regulation on limit quantities of monacolins from red mold rice published. On 01.06.2022, Regulation (EU) 2022/860 amending Annex III to Regulation (EC) 1925/2006 was supplemented, and maximum quantities for monacolins from red mold rice were introduced. The regulation was long-awaited, the question of transition periods and the validity only for the production or also for [...]

Consumer can claim damages due to misleading advertising

by in Civil Law
Decision of the Supreme Court from 16.12.2021, 4 Ob 49/21s - Consumer can claim damages due to misleading advertising. In competition law, it is common for the injured competitor to be able to claim damages from the unfairly acting competitor. In its decision 4 Ob 53/98t, the Supreme Court affirmed for the first (and so far only) time that a consumer who has suffered financial loss as a result of an anti-competitive act [...]