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News

2019-08-19 | Dual quality marketing: news from Europe

New European rules will be introduced for the marketing of dual quality products: products of the same brand and with the same packaging, but with a different quality per Member State. Are the rules getting stricter, or will it turn out better than expected? Earlier we mentioned the upcoming amendments to the Unfair Commercial Practices […] Read more

2018-10-01 | (Surreptitious) advertisement for a medication

The Dutch Advertising Code Committee (Reclame Code Commissie, RCC), received a complaint about communications in a brochure and on the website of the Stichting Bewegen Zonder Pijn (SBZP). The communications referred to a specific combination of ingredients. They seemed to be purely informative. But according to pharmaceutical industry association Neprofarm, they actually involved surreptitious advertising, partly originating […] Read more

2017-03-23 | Publication in EFFL 1/2017 – The Dutch Go Digital

The year 2017 started with some new and interesting developments in the Netherlands. An old voluntary food labelling scheme is about to be banned and clears the path to a new digital era. More than a decade ago, the Dutch food industry (and not only the Dutch..) struggled with effects of the Claims Regulation. How […] Read more

2016-09-12 | Misleading claims on packaging: an update

Almost a year after the Teekanne judgment a Dutch version followed: Heks’nkaas. The NVWA was of the opinion that the name Heks’nkaas suggests that the product is “a type of cheese” and is therefore misleading with regard to the composition of the product. The District Court of Rotterdam refers to Teekanne but concludes that the […] Read more

2016-06-21 | Sarah lectures on social media in food law on 7th International Fresenius Conference

Last week, at the 7th International Fresenius Conference in Frankfurt (Mainz), Sarah Arayess lectured on “Health Claims and Functional Ingredients”. Sarah expanded on the rules applicable to food advertising on social media. Nowadays, most companies are well aware of e.g. the Claims Regulation rules. Claims on packaging and on websites often comply with legislation. But […] Read more

2014-10-10 | Beauty claims are not health claims

This statement is backed by the Netherlands Food and Consumer Product Safety Authority (Dutch: ‘NVWA’). The NVWA has decided that several beauty claims do not fall under the scope of the Claims Regulation (Regulation EC no 1924/2006). This is a unique situation for Europe, because other Member States have not (yet) elaborated on this matter. […] Read more

2013-08-07 | One product, two qualifications: medical device and medicine?

It is not being made any easier. In our previous NEWS, I discussed foodstuffs that can be qualified as medicines. Now there is an additional problem that medical devices can also be called medicines.  Medical devices include contact lens solution, blood glucose meters and plasters for example but also artificial kidneys. The highest court in […] Read more

2012-12-14 | D-day for health claims 14 December 2012

As off now foodstuffs and vitamins have to count their steps. From 14 December 2012 onwards health claims are only permitted for those ingredients that belong to the happy few on the list with approved article 13-healthclaims of the European Commitee. These descriptions are often so very complicated that it drives a marketer nuts. What […] Read more