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Germany ∙ Health related food advertising beyond repair in Germany? – The German Federal Court of Appeal rules on “Repair Capsules”

Moritz Hagenmeyer

Health related food advertising has been under close scrutiny by German courts ever since the enactment of Regulation (EC) No 1924/2006 on Nutrition and Health Claims (NHCR). The Federal Court of Appeal’s most recent ruling on this subject clarifies a couple of issues regarding the use of health claims (I ZR 81/15, judgment of 7 April 2016). In effect the judgement narrows the scope of lawful marketing even more than one might have presumed previously. Therefore, any food business operator wishing to communicate health related benefits of a particular food product is well advised to get acquainted with the case and its reasoning. This is what the “Repair Capsules” decision is about in brief:

Prof. Dr. Moritz Hagenmeyer, KROHN Rechtsanwälte, Hamburg.


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