All posts by: Jakob Hütthaler-Brandauer

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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 of 4.11.2021, 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 [...]

Regulation on limits of monacolins from red mold rice published

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 [...]