Advertising Food in Europe: A Comparative Law Analysis by Aude Mahy

By Aude Mahy

Numerous foodstuff legislation concerns are dealt with another way by way of some of the nationwide jurisdictions inside and outdoors of the eu Union. This edited quantity provides a number of the nationwide techniques on how foodstuffs should be effectively advertised around the ecu financial sector. Following a comparable framework, skilled foodstuff legal professionals offer sensible recommendations and convenient perception at the thorniest and the most important nationwide features of foodstuff ads inside of their nation. The ebook is consequently conceived as a realistic guide, each one bankruptcy overlaying one particular nation.

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The only uncertainty concerns melatonin, a substance that has always been considered as a medicinal product. Although the EFSA opinions on melatonin have been published various proceedings are still pending. g.  353 et sqq.  4 Ob 173/02 y – Länger frische Vollmilch. 2014 11:29:09 Austria CHAPTER 3 hand, the customs authorities consider melatonin in any dosage as a medicinal product.  Are there any laws and regulations permitting food business operators to make reference to recommendations or endorsements by national associations, medical nutrition or dietetic professionals and health-related charities?

43 In a case before the OGH a salad dressing made of yogurt and herbs with no preservatives contained modified starch in order to obtain a certain consistency. Because modified starch is a chemically treated ingredient, the product may not be labelled as “pure”.  ‘Home-made’/’grand-mother recipe’ It is misleading to advertise products with artisan terms if the products actually are factory-made. 45 Therefore, the respective labelling has been considered to be misleading.  4 Ob 316/86 – bottichfrisches Sauerkraut.

The ban on misleading advertisement is a well-established prohibition laid down in numerous European legislations. Information that is misleading towards consumers will also be regarded as unfair vis-à-vis competitors. As far as foodstuffs are concerned, no less than six different texts – general or food-related – may potentially apply. Furthermore, the Directive on Misleading and Comparative Advertising8 laid down a series of rules that constitute a minimum requirement, such that Member States are allowed to apply stricter rules.

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