Life Sciences
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 [...]
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 [...]
Draft amendment of the Food Safety and Consumer Protection Act (LMSVG)
A draft amendment to the LMSVG is currently being discussed in parliament. Although the self-proclaimed purpose of the amendment is to bring it into line with EU regulations, there are also some changes that go beyond this. The expansion of the list of measures in Section 39 LMSVG is particularly noteworthy. If the authority identifies a violation of food law regulations, the measures specified in [...]
Novel Food: New entries into the Union list
Three new novel food entries have been made in the Union list: The dried fruits of Synsapalum dulcificum, Implementing Regulation (EU) 2017/2470 Frozen, dried and powdered Locusta migratoria, Implementing Regulation (EU) 2017/2470 3-Fucosyllactose (3-FL), Implementing Regulation (EU) 2017/2470 You can find the complete Union list here: List of all authorized novel foods (It is recommended to open the consolidated Union list, therefore [...]
First German Higher Regional Court refers the question of the interpretation of medically required nutrient requirements for FSMP to the CJEU
OLG Düsseldorf, 28.06.2021, I-20 U 178/20 - Reference for a preliminary ruling on the interpretation of the medically required nutrient requirement for FSMP. It was only a matter of time before the question of medically required nutrients within the meaning of the Delegated Regulation on foods for special medical purposes was referred to the CJEU. After three German Higher Regional Courts have, as far as can be seen, opposed the legal opinion [...]
Questions and answers about the health risks of hemp-containing foods.
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: [...]