In a YouTube video the dairy producer Melkunie claims to be on the sustainable tour: Melkunie is planting 40,000 trees. That's not greenwashing. Why not? Melkunie does what it says and also explains its sustainability claim. The fact that dairy production has harmful effects on the environment does not mean that Melkunie should no longer use the word sustainable.
Read MoreFood industry beware! The Advertising Code Committee (ACC) distributed an Alert (in Dutch) because unauthorized novel food was being advertised. An Alert is a way to bring the violation to the attention of a large audience. This is done in part through the Advertising Code Foundation's website and social media. With all its PR implications.
Read MorePlastic soup in the Mediterranean Sea and porpoises mistaking a piece of plastic for a tasty fish. Or closer: overflowing trash cans in the park or a polluted ditch. To prevent litter, the European Commission introduced new rules regarding single-use plastic products (SUP for short). From July 1, 2023, consumers will pay a "SUP levy" for products with so-called single-use plastic packaging.
Read MoreFollowing a complaint from Cosun Beet Company, Air up must stop a YouTube video for its product air-up in which Air up speaks very negatively about sugary soft drinks.
Read MoreNo, in the case of a food, dietary supplement or cosmetic product one may not say that it helps with a disease. So no ‘helps against eczema’ in the case of a cream. Nor 'reduces pain with joint complaints ' in the case of glucosamine products.
But what if this is communicated?
On the front of a package of La Bonbonnerie butter wafers is the designation ‘vegan’. Good news for vegans you might think, they can now also enjoy the Old Dutch treat. But alas, it turns out to be misleading food information. The product contains 1% butter and is therefore not completely free of animal ingredients. A big line through ‘vegan’, but what about the ‘veggie’ designation?
Read MoreMany food packages include a ‘serving suggestion’ (aka ‘serving tip’). But what does this mean? The Board of Appeal outlines two ways in which consumers can understand ‘serving suggestion’.
Read MoreShould a mark including the particle 'fucking' be registered as a trademark? Or is such sign contrary to accepted principles of morality? The EUIPO Fourth Board of Appeal recently upheld the refusal of the device mark NELEMAN JUST FUCKING GOOD WINE as an EU trademark.
Read MoreCoolBest focused on sustainability in its revamped packaging, with the claims 'Now in a plant-based pack' and 'Our packs are 100% linked to plant-based materials and 100% reusable'. Is CoolBest allowed to make these environmental claims? The Advertising Code Committee (ACC) rules that it is not.
Read MoreKorean kimchi, South African braai, Moroccan tagine and ceviche from Peru. For delicacies from world cuisine, you no longer have to travel far: supermarkets and menus are full of these delicacies. Recently, the chairman of the Advertising Code Committee dealt with a case about an American speciality: the dried and spiced meat snack beef jerky.
Read MoreJust a reminder: the nutrition claim 'no added sugar' means that the food contains no additional sugar in the recipe, i.e. no mono- or disaccharides. This is stated in the Claims Regulation 1924/2006. This also precludes the addition of, for example, dates or malt syrup to make the product sweeter. Why? That would mislead consumers who rely on 'no added sugar'.
Read MoreLuna had been working with us as a legal advisor for some time. After a long holiday in Colombia, Luna returns to our firm and in January she will be sworn in as a lawyer at the Amsterdam Bar. Luna will advise and litigate in all areas of our firm: advertising law, intellectual property and food law. Go Luna!
Read MoreGreen, greener, greenest! Consumers are increasingly making (more) conscious choices for more sustainable, natural products. The food industry is embracing this need. Chewing gum producer BenBits also advertises with "natural" and "plastic-free" gum. This year, competitors Perfetti (Mentos and others) and BenBits submitted complaints about each other's advertising.
Read More"Immediate" action is a must in case of unsafe food and feed. This open standard from European legislation (General Food Regulation (178/2002) and Implementing Regulation (931/2011)) has recently been specified in a national Policy Rule. "Immediately" means that within 4 (!) hours after there is reason to believe that a product is unsafe, a consumer recall must be initiated. Within the same 4 hours, the NVWA (Netherlands Food and Consumer Product Safety Authority) must also be notified in relation to the source of the products and in relation to the customers of the products (1 step up and 1 step further down the chain).
Read MoreGroundbreaking and justified. If a prohibited medical claim is made for a food supplement the NVWA is to base a fine on the Foodstuffs Act (starting amount €550). Until now the NVWA reasoned that a double fine could be imposed on the company based on the Medicines Act (starting amount per fine €150,000). In a thorough and convincing judgment the Court of Oost-Brabant rules out the Medicines Act in this case.
Read MoreNutri-Score is a voluntary food choice logo that helps consumers to make healthier choices when purchasing within a product group. Nutri-Score has not yet been officially introduced in the Netherlands; this is expected to happen in 2022. Nutri-Score can already be found on store shelves as part of pilots and because it is already in use abroad.
Read MoreTaste is subjective and therefore it cannot be copyrighted, was the ruling in the Heksenkaas case. In this Advertising Code Committee case the issue is not the copyright on taste, but the expectation of the taste of a biscuit based on the packaging.
Read MoreFor almost 15 years, our office was located in the Emerald House, in the shadow of the Okura Hotel. Everything was there: meeting rooms, comfy rooms, computers, standing desks, a photocopier, a rather psychedelic graffiti of a geisha in traditional Dutch costume and reasonable coffee. Yet slowly it was time for something new.
Read More“Vitalise Positive Saffron Complex will lift your spirits if you are feeling gloomy.” Is this claim allowed or not? You’ll need to be very accurate when using botanicals. This claim is too strong; a more subtle claim would have been acceptable.
Read MoreThe vegan shoarma pizza is the latest addition to New York Pizza's pizza range. This launch did not go unnoticed, as is often the case with this pizza specialist. Earlier, we reported that the campaign promoting the cauliflower pizza base caught the eye.
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