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A New Benchmark for Misleading Advertising journal article

Andreas Meisterernst

European Food and Feed Law Review, Volume 8 (2013), Issue 3, Page 91 - 96

The concept of the consumer has changed over the last decades within the European Union, owing to European case law and legislation. Which concept of the consumer is relevant plays an important role when the law is applied in practice. The provisions on general requirements made of food information and on the obligations of food business operators set out in European Regulation No. 1169/2011 on the provision of food information to consumers (hereinafter: FIC), which will be applicable as of 13 December 2014, represent a shift away from the concept of the empowered consumer towards the concept of the casual consumer. This calls for an analysis how the concept of the consumer has developed and a forecast of where things will go from here.


No Oil on Carrots! journal article

Andreas Meisterernst

European Food and Feed Law Review, Volume 7 (2012), Issue 4, Page 170 - 180

5 Years of Regulation (EC) No. 1924/2006 on Nutrition and Health Claims Made on Food

Regulation (EC) No. 1924/2006 on Nutrition and Health Claims (hereinafter: the “Health Claims Regulation”) entered into force on 1 July 2007. However, the system of the Health Claims Regulation will not be triggered until the first part of the Community list takes effect on 14 December 2012.1 In this respect, the concepts of the law-makers are not always completely plausible.


Nutrigenomics – A New Trend from a Legal Perspective journal article

Christian Ballke*, Andreas Meisterernst

European Food and Feed Law Review, Volume 7 (2012), Issue 1, Page 14 - 21

As the very inmost part of every human being, the genome is subject to intensive research. In the last decades genetics have developed into a science with many facets. Medical applications have already been successfully established. In recent years science and industry have started to explore the interaction of the genetic system and nutrition as another playing field. This article will illustrate the current activities and provide a review of the legal implications linked to this new trend called “nutrigenomics”.


Editorial journal article

Andreas Meisterernst

European Food and Feed Law Review, Volume 7 (2012), Issue 1, Page 1 - 2

The New Year has begun and we are excited about what it will bring to us. There is predictable new legislation in the pipeline, but also uncertain and unforeseeable acts of law. Will this year bring finally a European Commission proposal for maximum and minimum levels on vitamins and minerals for food supplements and in enhanced foodstuffs? Will the European Commission publish a draft for the highly controversial discussed health claims on botanicals?


Proposals for a Revision of Regulation (EC) 1924/2006 journal article

Bernd Haber, Andreas Meisterernst

European Food and Feed Law Review, Volume 6 (2011), Issue 1, Page 27 - 40

Regulation (EC) 1924/2006 on nutrition and health claims (HCR) is the subject-matter of permanent debate. This law initiated a “learning process”1 which keeps the European Commission, the European Food Safety Authority (EFSA), the Member States, the Scientific Community and all stakeholders occupied. Four years after its entry into force the authors assess the state of the discussion process and identify 12 points which should be taken into consideration for a revision of the HCR. In a second step they develop proposals for the improvement of this piece of legislation which could bring peace to some of the disputes and clarify controversially interpreted provisions. The subjects are HCR and Regulation (EC) 258/97 (novel food), reduction of disease risk claims, nutrient profiles, scientific substantiation, botanicals and traditional use, nutrition claims, the distinction between nutrition and health claims, comparative claims, simplification of the application procedures, data protection, Community list and transitional measures as well as the treatment of ambivalent substances.


A Learning Process? – Three Years of Regulation (EC) No. 1924/2006 on Nutrition and Health Claims Made on Foods journal article

Andreas Meisterernst

European Food and Feed Law Review, Volume 5 (2010), Issue 2, Page 14

A Learning Process? – Three Years of Regulation (EC) No. 1924/2006 I. Introduction Regulation (EC) No. 1924/2006 on nutrition and health claims made on foods (hereinafter: “HCR”) entered into force on 1 July 2007. The influence exercised by its provisions on the law on food advertising, on product development work in food enterprises, on the advertising industry, foodstuffs monitoring and on nutrition science, cannot be overestimated. Advertising meas


Editorial0209 journal article

Andreas Meisterernst

European Food and Feed Law Review, Volume 4 (2009), Issue 2, Page 1

EFFL 2|2009 Editorial 103 Editorial This year’s first issue of EFFL had a special focus theme: The precautionary principle and its application and interpretation in Europe, the US and Canada. Of course, this highly relevant topic has attracted other EFFL-authors before, e.g. Marco Bronckers and Ravi Soopramanien with their article “The Impact of WTO Law on European Food Regulation” in issue 6/2006, highly recommended as reading by me to everybody, who missed it


Editorial0108 journal article

Andreas Meisterernst

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

This journal has now been published for two years. In this period EFFL found its place in the food and feed law community. Among the subscribers now are European and national authorities, courts, universities, food operators and associations. The vision of a European scientific forum as described in the first issue has become reality. Looking back at the editorial I wrote for the first issue, I found this approach still to be current: “To achieve the harmonisation o