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News

2018-01-30 | Icy cold bubbles for the New Year

We know that champagne growers are (rightly) proud of their sparkling wine. Nothing gets their hackles up more than when some “fizz” is produced from a region other than Champagne, or in a different way. After all, it’s with good reason that they got the name Champagne covered by a Protected Designation of Origin (PDO). […] Read more

2016-09-13 | 100% allergen-free?

Allergen-free, what does that actually mean? That was what crossed the minds of the complainants when they saw the claims (100%) allergen-free tomato and vegetable soup and allergen-free meat on the internet. The complainants took this case to the Advertising Code Authority (RCC): because what if you are allergic to meat? Or the herbs such as garlic […] Read more

2016-06-27 | Country Report: Unsafe foods in the Netherlands: strict rules on notification

Introduction What should a food company do if it suspects that a food product is possibly unsafe? Rules on necessary action taken by food companies are provided by Article 19 of the General Food Law Regulation (178/2002). These rules are harmonized and apply EU-wide. However, interpretation of the rules differ between Member States. In the […] Read more

2016-04-04 | Purple asthma-inhaler: no infringement, not misleading

A patent is in principle valid for 20 years. Thereafter, the monopoly lapses and other parties can proceed with the invention. The medicine, Seretide (which is used in asthma-inhalers, “puffers” from the producer GSK) was protected by patent. GSK sold inhalers in various shades of purple and in diverse dosages.  After the lapse of the […] Read more

2016-03-03 | Country report: Health claims for botanicals: ‘on hold’, yet forbidden?

I. Introduction In our last country report (EFFL 06/2015), we stressed that the Dutch Advertising Code Committee (ACC) is a force to reckon with in Dutch food law. Apart from applying rules on misleading and comparative advertising, the ACC also applies specific statutory food regulations, such as provisions on food information (FIC Regulation) and on […] Read more

2014-10-29 | Red Bull does NOT give you wings?!

Remarkable news from the United States: several media report that the Austrian energy drinks producer Red Bull has concluded a 13 million dollars settlement. Why? Because Red Bull does NOT give you wings. But we all knew that, right? So why this settlement in the US? Different from the Netherlands, the United States has a […] Read more