Posts in Food
Designing a label: peanuts?

Foodwatch is well known at the Advertising Code Commission (Reclame Code Commissie, “ACC”). The food watchdog submits complaints about food advertising with some regularity. This time, it was the turn of the packing on M&M's Peanut & Hazelnut.

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Advertising, FoodDaniel Haije
The Battle of Manchego: Spain v. Mexico

Many countries have their own specialities. We're known here for our Dutch cheeses, like Gouda or Edam. Manufacturers can apply for European protection for their products. This protection falls into one of three sorts: the Protected Designation of Origin (PDO), the Protected Geographical Indication (PGI) and the Traditional Speciality Guaranteed (TSG).

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Proud! Our food law practice at no. 1 in Legal 500

Out of the blue, our food law practice has received a great accolade for 2018. Legal 500 researches the market (other professionals and clients). And the result? The Health, Beauty & Food practice in our firm was placed in 'Tier 1' in the 'Food & Beverages' category. A superb performance, and we think quite right, too.

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FoodDaniel Haije
Stirring things up: ingredients and nutrients mandatory for alcoholic beverages

On 29 March last year, I wrote that the European Commission requested the alcohol industry to propose a self-regulatory framework about the labelling of alcoholic beverages (>1.2% alcohol). This proposal should arrange for mandatory inclusion of the list of ingredients and nutrition declaration on the label. The background is that, until now, alcohol was exempt from the obligation to include this information on the label.

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Advertising, FoodDaniel Haije
Update: proposal for new legal maximum vitamin B6 in food supplements

On 1 February 2018 a draft proposal was sent to the European Commission by The Netherlands, announcing a new maximum level and several mandatory warning for vitamin B6 in food supplements. Levels of vitamins and minerals in food supplements are not yet harmonized on a European level, which is why the rules on maximum levels differ per member state. A challenge to those active in more countries.

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Advertising, FoodDaniel Haije
The plant-based ‘dairy’ variations of Alpro: soya becomes dairy?

The (plant-based) dairy industry is still keeping minds occupied. The European Court of Justice held last summer that the protected terms ‘milk’, ‘yoghurt’ or ‘cream' could not be used as the name or designation of a non-dairy product. Since then, the name 'soya milk' has been a no-go. But how does this stack up if they say that a product is a variation on yoghurt, or an alternative to dairy?

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Advertising, FoodDaniel Haije
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).

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Advertising, FoodDaniel Haije
Whole grain cereals

Quaker Oatmeal Granola with 94% whole grain cereals. Sounds good, right? When a consumer inspects the list of ingredients on the back of the packaging she finds the product only contains 63% of whole grain cereals.

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Advertising, FoodDaniel Haije
Tofu milk can’t be called milk!

What’s in a name? Some years back, the dairy industry did a lot of lobbying in Brussels. Dairy names like milk, cheese and butter are protected designations. Milk may only be called milk if it is obtained from the udders of an animal: hence cows' milk, goats' milk and camels' milk. But what impact does this have on soya milk?

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Advertising, FoodDaniel Haije
Witches, wise women and magic spells

The product Heks’nkaas (literally ‘witches’ cheese’) has been receiving attention in IP circles for a while now. Levola, the producer of Heks’nkaas, has been embroiled in legal action for a number of years concerning the copyright protection of the flavour of the cream cheese spread. It has not been able to stop imitators on the grounds of flavour.

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Advertising, FoodDaniel Haije
Free as a bird?

In Europe the principle of mutual recognition applies: if a product is validly marketed in a Member State, then in principle that same product may be sold throughout the rest of the EU. Nevertheless, a country can deny a product market access, but only if strict conditions are met.

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FoodDaniel Haije