A new broom sweeps clean, so they say. Of course one should not equate judges with brooms. But the first senate of the German Federal Court of Appeal has got a new president. And it appears that the court has slightly changed its attitude towards health and nutrition claims at the same time (especially compared to its “Praebiotik + Probiotik” case, cf. EffL 2014, 193). Now you may be curious: Is this a change for the better? Let us put it this way: If you want to market alcoholic cocktails containing energy-drinks, the answer is definitely yes. Otherwise the answer remains somewhat unclear. However, certain conclusions can of course be drawn from the “Energy & Vodka” judgement of 9.10.2014 (I ZR 167/12), the latest on claims by Germany’s highest civil court. This is what the case was all about: