GERSTBERGER | Products & Law is a new member of “Tax & Legal Exellence”
GERSTBERGER | Products & Legal was selected as a new member of the international expert network “Tax & Legal Excellence”. This network is aimed at top executives from private and public companies as well as renowned consultants from the leading tax and business law firms in Germany, Austria and Switzerland. The core orientation of the network is aimed at a group of members with excellent competence, who convey current knowledge from science, business, the legal and tax law practice in the best possible way. Further information about this business network is available here.
EUROFORUM Annual Conference on “Food Supplements” 2020
The popular industry conference on “Food Supplements” organised by EUROFORUM will take place for the 20th consecutive time on 6/7 February 2020 in Frankfurt/Main. Dr. Ina Gerstberger will be speaking about the trend topic “personalised nutrition” and will also take part in a panel discussion on the most important trends and developments in the food supplements industry and the resulting legal implications. Further details on the programme (in German) are available here.
If you have not yet registered, but are interested in attending the conference and would like to benefit from a speaker discount of EUR 100 on the event price, please send an e-mail to: firstname.lastname@example.org.
GERSTBERGER | Products & Law among the “recommended law firms” for food law in the JUVE Handbook 2019/2020
GERSTBERGER | Products & Law is particularly recommended in the current JUVE Handbook for Commercial Law Firms 2019/2020 as a new specialist law firm for food law and related fields of law. The special expertise of the founder (“knowledgeable, but not complicated, pleasant to deal with” according to a competitor), as well as the core business in the area of health-related food, delimitation between food and pharmaceuticals and novel foods is higlighted. The editorial staff also particularly appreciates mandates on trend topics such as personalized nutrition, complementary feeds/veterinary drugs, innovative tobacco products and special foods/food for special medical purposes. A big thank you to all clients for their continued trust!
September 2019: Drug Regulatory Affairs – Basic Course at ZWW/Augsburg University
The part-time certificate course “Drug Regulatory Affairs – Basic Course” will again take place at the Centre for Continuing Education and Knowledge Transfer (ZWW) at Augsburg University from 12 to 28 September 2019. The course is addressed to both young professionals and specialists and managers from the pharmaceutical industry and related areas.
No sweets for the authorities: “Without artificial colour” not per se a misleading advertising claim on confectionery products
Background of the case
A well-known German confectionery manufacturer advertised the freedom of its fruit gums, coloured with plant and fruit extracts, from the use of “artificial colours”. The competent authority considered the labelling claim as misleading under Paragraphs 11(1)(1) and (3) German Food and Feed Code (LFGB) in conjunction with Article 7(1) and (4) of Regulation (EC) No 1169/2011, since the legislature does not make a distinction between ‘artificial’ and ‘non-artificial’ colour additives, and submitted the file to the public prosecutor for further investigation. By way of background information, intentionally misleading food advertising constitutes also a criminal offence under Section 59 (1) No. 7 LFGB, which is punishable by imprisonment of up to one year or a fine. Thereupon, the confectionery manufacturer filed a declaratory action with the Administrative Court Freiburg (Case No. 8 K 6149/18) to achieve the temporary suspension of the criminal investigation proceedings on the responsible person until the administrative court has taken a legally binding decision on the allegation of misleading advertising.
Nutri Score knocks on the door – On the draft bill for the first amendment of the Food Information Implementing Ordinance in Germany
On 21.11.2019, the Federal Ministry of Food and Agriculture (BMEL) presented the first draft bill for the legitimisation of the Nutri Score labelling in Germany, which will be discussed in detail in the relevant committees in the forthcoming weeks. The determination of the respective “Nutri Score” is based on a point system in which unfavourable and favourable nutritional elements of a foodstuff are compared with each other. This finally leads to the classification of the corresponding food as “A” (dark green), “B” (light green), “C” (yellow), “D” (orange) or “E” (red). This type of nutritional information has already established itself in other EU Member States such as France, Belgium, Luxembourg, Spain and Portugal, but also requires a corresponding Member State recommendation to be acceptable as voluntary labelling (cf. Art. 35 (2) Regulation (EU) 1169/2011).
New legislation on transparency and sustainability of the EU risk assessment model in the food chain
On 13 June 2019 the Council adopted the new EU Regulation on transparency and sustainability of EU risk assessment model in the food chain, which is expected to enter into force at the end of September and will apply 18 months later, i.e. by end of March 2021.