FSMP: ECJ on nutrient requirements. End in sight?

by in Life Sciences
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

by in Life Sciences
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

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 [...].