Sarah Arayess

Sarah Arayess

of counsel health, beauty & food law

Legal 500

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Sarah is an independent lawyer. She was appointed Of Counsel in September 2019. Hoogenraad & Haak cooperates with Sarah in cases concerning her specialism.

Sarah specializes in food law and the rules and regulations applicable to cosmetics, non-food consumer goods and health products (Health, Beauty & Food Law). Sarah advises on advertising (B2B and B2C), labelling and product introductions of foodstuffs, food supplements, medical devices and cosmetics. She furthermore coordinates (international) recalls of food products and non-food consumer goods.

Sarah often litigates before the self-regulatory Dutch Advertising Code Committee and (higher) civil and administrative courts. She assists companies in case of enforcement actions by the Netherlands Food and Consumer Product Safety Authority (NVWA), for example after receiving warnings or fines in case of an alleged breach of the Dutch Commodities Act. Sarah also assists in case of conflicts between competitors. Her clients are typically (international) food companies, advertising agencies and corporates active in FMCG.

Sarah lectures at the professional education program facilitated by the Benelux association for Trademark- and Design Law (BBMM) and frequently speaks at courses, masterclasses and international conferences on various food and advertising law related topics.

Recent work:

• Coordination of a large international recall including contact with the Netherlands Food and Consumer Product
Safety Authority (NVWA).
• Representing a company in fundamental proceedings on the application of the principle of mutual recognition and
free movements of goods (administrative law).
• Representing a major pharmaceutical company in proceedings on allegedly misleading advertising.
• Advisor of foodstuff manufacturers in case of advertising and labelling (e.g. alcoholic beverages).
• Various procedures at the Advertising Code Committee (self-regulatory body) regarding explanation of the
FIC-Regulation in complaint procedures on packaging and advertising for foodstuffs and health products.
• Representing various companies in case of enforcement activities of NVWA concerning allegedly misleading packaging
and/ or forbidden medical claims.
• Advice on the necessity of a recall of a foodstuff.
• Representing the owner of a domain name in proceedings on the freedom of expression and the
entrepreneurial freedom vs. the rights in a trademark and a tradename.
• Representing an apparel company in a landmark case on good taste and decency in (outdoor) advertising before the
Dutch self-regulatory body.
• Arranging for an ex parte injunction regarding copyright infringement.
• Representing the world market leader in navigational equipment in multi-jurisdictional proceedings regarding
comparative advertising against its main competitor.