Michela Granella, Sebastián Romero Melchor

European Food and Feed Law Review, Volume 18 (2023), Issue 6, Page 404 - 406

Sebastián Romero Melchor, Lara Skoblikov

European Food and Feed Law Review, Volume 9 (2014), Issue 4, Page 241 - 246

In a regime of harmonized permitted health claims under Regulation 1924/20061 (the Claims Regulation), differentiating commercial communications from others has become a challenge in the food industry. The Flexibility Principle, laid down in Recital (9) of Regulation 432/2012,2,3 plays a key role here, allowing for the use of a wording different from that expressly authorized. The use of health claims referring directly to the brand name of a product (Brand-specific Claims), instead of the specific nutrient or other substance subject of the authorized claim, is expressly prohibited in the recommendations on general principles on flexibility of wording for health claims4 (Flexibility Guidance). This article examines the legality of such outright prohibition in the light of EU law.

Sebastián Romero Melchor, Sara Aparicio Hill

European Food and Feed Law Review, Volume 9 (2014), Issue 3, Page 199

On March 27, 2014 Royal Decree 164/2014 of March 14, establishing complementary standards on the production, description, presentation and labelling of certain spirit drinks1 (the “Royal Decree”) entered into force. The Royal Decree provides a single legislative framework that applies to the national territory as awhole.

Sebastián Romero Melchor, Sara Aparicio Hill

European Food and Feed Law Review, Volume 9 (2014), Issue 3, Page 200

The National Consumer Institute and the Spanish Agency for Food Safety and Nutrition have been merged into anewautonomous body called the Spanish Agency for Consumers, Food Safety and Nutrition by Royal Decree 19/20141 (hereinafter, the “RoyalDecree”).

Sebastián Romero Melchor, Sara Aparicio Hill

European Food and Feed Law Review, Volume 9 (2014), Issue 3, Page 201 - 201

If you have clients operating in Norway, please be aware that the Norwegian Food Safety Authority (NFSA) has for the first time decided to conduct a survey to verify compliance with Regulation 1924/2006 on nutrition and health claims made on foods.

Sebastián Romero Melchor, Sara Aparicio Hill

European Food and Feed Law Review, Volume 9 (2014), Issue 5, Page 326 - 327

The Spanish advertising self-regulation body (hereinafter, “AUTOCONTROL”) has issued around 20 decisions in the field of food and drink advertising during the first half of 2014. We have summarised some key points from those decisions regarding health and nutrition claims in the sense of Regulation 1924/20061 (hereinafter, “Regulation 1924/2006”), which are relevant for providers advertising their food products in Spain:

Sebastián Romero Melchor, Sara Aparicio Hill

European Food and Feed Law Review, Volume 9 (2014), Issue 6, Page 416 - 416

The Spanish Ministry of Health, Social Services and Equality has issued a draft proposal adopting the list of processing aids authorised for the production of edible vegetable oils and their identification and purity criteria (the “Royal Decree”).When enacted, the Royal Decree will result in the amendment of Royal Decree 308/1983 of the 25th of January, adopting the technical andhealthstandardfor ediblevegetableoils.

Sebastián Romero Melchor, Sara Aparicio Hill

European Food and Feed Law Review, Volume 9 (2014), Issue 6, Page 414 - 415

The Spanish Ministry of Health, Social Services and Equality has issued a draft proposal to develop the information that needs to be made available to consumers fornonpre-packedfood(the “RoyalDecree”). Pursuant to Article 44(2) of Regulation 1169/2011 on food information to consumers1 (hereinafter, the “FIC”),Member Statesmay adopt nationalmeasures concerning the means through which the following particulars or elements of those are to bemade available and, where appropriate, their form of expression and presentation: (i) any ingredient or processing aid listed in the FIC derived from a substance or product causing allergies or intolerances; and (ii) the mandatory nature ofmandatory particulars and other mandatory particulars for certain categories of food.

Luis González Vaqué, Sebastián Romero Melchor

European Food and Feed Law Review, Volume 7 (2012), Issue 6, Page 312 - 321

The Microban Judgment is a ground-breaking Judgment in the field of access to justice, which has attracted interest not only from food law specialists, but also from general EU law researchers. Whilst dealing with a technical Regulation on materials and articles intended to come into contact with food, this Judgment has addressed other more far reaching issues, as the meaning of regulatory acts. The legal criteria set out in the Microban Judgment for definition of regulatory act can be considered as settled case law, being recently confirmed by the General Court. The Microban Judgment adds to a long list of important case-law in the field of Community law on food and foodstuffs. We believe that this highlights the importance of the food sector in the EU.

Sebastián Romero Melchor, Liesbeth Timmermans

European Food and Feed Law Review, Volume 5 (2010), Issue 5, Page 270 - 280

I. Introduction Changes in the epidemiological profile in Western countries during the last three decades have shown an increasing trend in the development of non-transmissible chronic diseases in the adult population. Nutrition-related lifestyles have been identified as one of the main risk factors for the onset of such diseases. The reaction of some countries1, pioneered by Japan2 in the early eighties, has focused on the role of nutrition for the prevention of such diseases, as the rising health care costs derived from their treatment is becoming unsustainable. Within this framework, health care professionals (hereinafter, “HCPs”) are increasingly informed about the nutritional and physiological benefits of some foodstuffs, both when reducing a risk factor of developing a disease or coadjuvating to such end with a positive health effect on the bodily functions. Doctors themselves, sometimes moved by their deontological obligations, sometimes by other considerations, will disseminate this information to their peers, the scientific community and the general public.