Summer is approaching, so it is diet season again. Did you know that konjac root can aid in weight loss? The official name for this edible plant from the Arum family is Glucomannan. The root grows in Japan, China, and Indonesia.
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Up to the present time, uncertainty remained in the Dutch IP-world about who has to reimburse the (full) legal costs if preliminary relief proceedings are withdrawn before the court session commences. I have conducted legal proceedings on this matter and have previously published about this subject. The Dutch Supreme Court has recently brought an end to this uncertainty: if the (former) claimant withdraws the case, he shall be burdened with the actual costs the (former) defendant has incurred.
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A new edition of our NEWS is out! An easy-to-read overview of developments in advertising law, intellectual property and food law.
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The fact that we live in a time when focus on healthy eating is perhaps bigger than ever, is more or less stating the obvious. Marketing departments are also quick in responding to this trend: many products mention why they are so good and healthy. The stage for this health battle is the supermarket, where packages and ads are fighting for your attention.
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In April the most important rankings for lawyers and law firms were published: Chambers and Legal 500. Chambers and Legal 500 research the legal market in detail and gauge the opinions of clients and colleagues. Only the best lawyers and firms are listed. Just like in previous years Hoogenraad & Haak and our lawyers do very well in the rankings. Many thanks to our clients and colleagues for providing us with great feedback!
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Let me tell you about the birds and the bees…Zonnatura is a manufacturer of healthy (biological) products. The company is convinced that it is unnecessary to use a lot of additives to make tasty and healthy food. They show this opinion in a commercial with a singing bee flying through nature, ending up in a factory.
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The most important decision in the area of food law in 2015 is without doubt Teekanne. A German consumer organisation found it misleading that tea packaging depicted raspberries and vanilla blossoms with the logo “nur natürliche Zutaten” (only natural ingredients); naturally the consumer would expect the tea to consist of raspberries and vanilla aromas.
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“Mmm, tasty. Mmm, also tasty.” Lidl is allowed to advertise its products in this way in its campaign “Waar kies jij voor?” (What do you choose?), so the Advertising Code Committee (ACC) decided on 7 March 2016. In the campaign, Lidl compared a number of private label products with premium brand products.
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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 nutrition and health claims (Claims Regulation).
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