All posts by: Jakob Hütthaler-Brandauer

Questions and answers about the health risks of hemp-containing foods.

by in Life Sciences
Publication of the German Federal Institute for Risk Assessment (BfR) - July 16, 2021 Since in many cases Austrian authorities also rely on assessments by German authorities and institutions, we would like to draw your attention to the publication "Questions and Answers on the Health Risks of Foods Containing Hemp" by the German BfR. The document contains many important questions. Here you can find the treated questionnaire: [...]

Eligibility Requirement for Voluntary Severance Pay in a Social Plan

by in Labor Law
OGH 29.4.2021, 9 ObA 9/21w - Entitlement Requirement of a Voluntary Severance Payment in a Social Plan The granting of a voluntary severance payment in a social plan can be effectively made dependent on the waiver of a termination challenge. It is therefore permissible to agree in a social plan that a voluntary severance payment will only be granted to those employees who have accepted the dismissal carried out on the basis of the [...]

Prohibition of the Marketing of a Hemp Seed Oil containing cannabidiol Hemp Aroma Extract

by in Life Sciences
OVG Lüneburg, decision of 4.2.2021, 13 ME 545/20 - Prohibition of the marketing of a hemp seed oil with cannabidiol-containing hemp flavor extract "A product is not to be regarded as an "aroma" or "aroma extract" if it itself has a particular odor and/or flavor, or if it can impart or modify a particular odor and/or flavor to food. Rather, what is required is that the [...]

Labor Law UPDATES

by in Labor Law
There are some interesting decisions in the category of labor law that we do not want to withhold from you.   1. OGH, 25.2.2021, 8 ObA 2/21h - Termination agreement of an employment relationship after threat of dismissal "A termination agreement concluded under threat of dismissal is legally effective if the employer had plausible and objectively sufficient reasons for its pronouncement."

New ECJ ruling: indication of intended use & precautions for use of cosmetic products

by in Life Sciences
ECJ, Judgment of 17.12.2020, C-667/19 - Intended use of a cosmetic product and information on special precautions for use - Consumer language and product catalog The decision is based on the case of an owner of a Polish beauty salon who purchased American cosmetic products from a sales representative, on the packaging of which the intended use did not appear. Instead, there was a symbol depicting a [...]

No vacation consumption during agreed training period

by in Labor Law
OGH, judgment of 29.9.2020 - 9 ObA 69/20t During the consumption of the statutory vacation entitlement, the employee must be completely free to spend the vacation as he wishes. An agreement according to which a part of an agreed training period is credited against the statutory leave entitlement is invalid. In the case of an agreement on a granted training period, no leave may be used up for this purpose, [...]

NEW: Medical Device Regulation since 26.05.2021

by in Life Sciences
Regulation (EU) 2017/745 For more than 4 years, we have been concerned with the new European Medical Device Regulation (Regulation (EU) 2017/745). Now it has finally entered into force on 26.05.2021, this after the start of validity was postponed by another year from 2020 to 2021 due to Corona. The Medical Devices Regulation comprehensively changes the legal area, the Austrian legislator has also [...]

Distribution of free samples of non-prescription drugs to pharmacies

by in Life Sciences
BGH, judgment of 17.12.2020 - I Zr 235/16 ECJ decision on free samples C-786/18 of 11.6.2020 The distribution of free samples of non-prescription medicinal products to pharmacies is in principle permissible according to decision C-786/18 of 11.6.2020. NEW: Decision of the German BGH In the German original proceedings of this ECJ decision, the BGH has now made the second decision, and the matter [...]

Pharmacological effects of a product for the treatment of cystitis and urinary tract infections

by in Life Sciences
Ruling of the Cologne Higher Regional Court of 23.12.2020, 6U18/20 An interesting ruling on the classification and effect of D-mannose. A product for the treatment and prevention of cystitis, whose essential active ingredient D-mannose as a simple sugar binds the adhesin FimH of the Escherichia coli bacterium so that it can no longer adhere to the bladder wall and penetrate human cells, has a pharmacological and [...]

Novelle der Nahrungsergänzungsmittel-Richtlinie

by in Life Sciences
Die Nahrungsergänzungsmittelrichtlinie (EG) 2002/46 wird mit der VO (EU) 2021/418 vom 09.03.2021 in drei wesentlichen Punkten geändert: Die Einheit zur Angabe von Kupfer wird von Mikrogramm auf Milligramm geändert. Als Niacin kann Nicotinamid–Ribosidchlorid verwendet werden. Als Magnesium kann Magnesiumcitratmalat verwendet werden.   VO (EU) 2021/418 Die Verordnung gilt bezüglich der Angabe der Einheit von Kupfer [...]
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