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Chocolate can also be made from pure Cocoa but one should be careful how to communicate this on the Label journal article

Fausto Capelli, Barbara Klaus

European Food and Feed Law Review, Volume 6 (2011), Issue 2, Page 88 - 95

On 25 November 2010, the European Court of Justice, in Case C-47/09, found that, by providing that the adjective “pure” may be added to the sales name of chocolate products which do not contain vegetable fats other than cocoa butter, the Italian Republic has failed to fulfil its obligations under the European Law; by violating Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption as well as Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. The present Article explains the genesis of this “chocolate dispute”, with traces back to the seventies and which shows the different understanding of consumer in the different Member States on the composition of specific categories of foodstuffs, such as chocolate products. This case is therefore a clear example for the difficult “balancing act” between guaranteeing the free movement of goods on the one hand and proper protection of consumers’ interests, particularly the right of clear information regarding the characteristics of foodstuffs offered for sale; combined with Member States’ legitimate interests in protecting the quality of food and agricultural products.


30 Years of the Rapid Alert System for Food and Feed journal article

Diána Bánáti*, Barbara Klaus

European Food and Feed Law Review, Volume 5 (2010), Issue 1, Page 12

I. Introduction In her opening speech, held in Brussels on 16 July 2009 on the occasion of the Conference regarding the 30 years of RASFF that had been organised by DG Health & Consumers, the Commissioner, responsible for Health, Mrs Androulla Vassiliou, pointed out that the “Rapid Alert System for Food and Feed is a crucial tool for ensuring food safety in Europe” by explaining that this Alert System “has grown over a period of 30 years into a highly


Editorial0309 journal article

Barbara Klaus

European Food and Feed Law Review, Volume 4 (2009), Issue 3, Page 2

EFFL 3|2009 Editorial 165 Editorial The quality of legal and scientific reviews, such as EFFL, always continues to evolve, thanks to the many people who stand behind their belief in their expertise and are willing to explain their endeavours. It is with the utmost respect and pleasure, therefore, that we announce to you our newest member of the Editorial Board. His name is Professor Vittorio Silano. Allow me to introduce to you a gentleman who has an expertise


Is Garlic a Food or a Drug? journal article

Fausto Capelli, Barbara Klaus

European Food and Feed Law Review, Volume 4 (2009), Issue 6, Page 10

I. Introductory notes If somebody had read the title of this article a few years ago, he or she would have objected that the question in it did not make actually much sense. As a matter of fact garlic, beyond being a foodstuff, has been known from time immemorial to produce generally positive effects on health. Nobody has therefore invented something on this matter. Or, if inventing means seeing what all people see and understanding what the others do


The Liability of the Distributors in the Event of Infringements of Food Law – Case involving Lidl Italia: the Judgments of the European Court of Justice and the Giudice di Pace of Monselice, Italy journal article

Barbara Klaus, Alfred Hagen Meyer

European Food and Feed Law Review, Volume 3 (2008), Issue 6, Page 6

I. Preliminary observations and circumstances of the case In the case involving Lidl Italia, the question was who can be made responsible under criminal and administrative Law if the particulars of the label of a pre-packed foodstuff are not correct. In the initial case, the indication of the alcoholic strength by volume of a herbal liqueur denominated with “Amaro alle erbe” marketed by Lidl Italia did not match the value established by the analysis c


The Marketing and the Use of Feed Additives in the European Union with particular Regard to zootechnical journal article

Ortwin Simon, Barbara Klaus

European Food and Feed Law Review, Volume 3 (2008), Issue 3, Page 23

A. Introduction marks Feed additives are products used in animal nutrition for the purpose of improving the quality of feed and, as a consequence, also the quality of food from animal origin, or to improve the animals’ performance and health, e.g. providing enhanced digestibility of the feed materials or stabilizing the gut flora. As described in the following, feed additives may not be placed on the European Union market unless authorisation has been


Editorial0408 journal article

Barbara Klaus

European Food and Feed Law Review, Volume 3 (2008), Issue 4, Page 1

EFFL 4|2008 Editorial 203 Editorial The free circulation of goods in the European Union should no longer face obstacles. But as Meyer in the contribution entitled “Friction on the Internal Market Demonstrated by the Example of the Enrichment of Foodstuffs” clearly explains, numerous trade hurdles still exist. To begin with, the common legal framework is not always interpreted and applied uniformly in the individual Member States. Obviously here we have the diff


Free Movement of Enriched Foodstuffs and Food Supplements in the European Union journal article

Barbara Klaus

European Food and Feed Law Review, Volume 1 (2006), Issue 1, Page 8

Free Movement of Enriched Foodstuffs and Food Supplements I. Introduction As is known, one of the European Community’s main tasks is to promote the economic activities of the Member States by abolishing the existing obstacles to the free movement of goods (see Art. 3, para. 1 lit. c) and Art. 28-30 of EC Treaty). In this regard, the free movement of foodstuffs in the European Union is a very important economic aspect. Differences between the food laws


Editorial0106 journal article

Andreas Meisterernst, Barbara Klaus

European Food and Feed Law Review, Volume 1 (2006), Issue 1, Page 2

EFFL 1|2006 Editorial 1 Editorial The idea to set up a European journal on food and feed law originated from a practical necessity. The free movement of goods should, in the European Union, actually no longer encounter difficulties. As far as international trade in food and feed is concerned, this, however, only applies to a limited extent. For, in practice, numerous trade hurdles still exist. Anyone for example, who has ever attempted to market iodic table sal


Editorial0606 journal article

Barbara Klaus

European Food and Feed Law Review, Volume 1 (2006), Issue 6, Page 2

EFFL 6|2006 Editorial 329 Article 152 of the Treaty establishing the European Community states: “A high level of human health protection shall be ensured in the definition and implementation of all Community policies and activities.”. Therefore, to guarantee the consumer’s safety is one of the main tasks of the European Union. In order to achieve this aim, over the years many EU laws on the safety of consumer goods, on consumers’ rights and on the protection of peop