Silvia Bañares Vilella, Luis González Vaqué

European Food and Feed Law Review, Jahrgang 13 (2018), Ausgabe 2, Seite 108 - 115

Felix Domke

European Food and Feed Law Review, Jahrgang 13 (2018), Ausgabe 2, Seite 102 - 107

As dietary habits throughout Europe are changing, more and more consumers turn towards plant-based lifestyles. The range of vegetarian products is increasing accordingly. However, crucial food labelling questions remain to be solved. This includes the definition of the terms “vegan” and “vegetarian” for food labelling purposes and questions concerning the use of certain sales denominations for meat and dairy alternatives. This article explores both issues from the perspective of the European Vegetarian Union (EVU) and gives insights into the legal and political situation.

Barbara Klaus

European Food and Feed Law Review, Jahrgang 12 (2017), Ausgabe 4, Seite 348 - 351

Bernd van der Meulen

European Food and Feed Law Review, Jahrgang 12 (2017), Ausgabe 5, Seite 392 - 405

Under EU medicinal law, substances presented as having properties for treating or preventing disease are medicinal products by virtue of their presentation. EU food law prohibits attributing to any food the property of preventing, treating or curing a disease. However, if certain conditions are fulfilled, it is allowed to make health claims for foods. Authorities in the Netherlands take the position that the EU prohibition on medicinal claims for foods is redundant because all products with such claims are medicinal products by virtue of their presentation. Thus, claims not (fully) authorised are enforced as infringements on medicinal law. The author systematically and comparatively analyses the food law prohibition on medicinal claims in relation to the concept of medicinal product by presentation. He argues that the presentation criterion is structural in nature and depends on the overall impression an averagely well-informed consumer acquires regarding a product. The prohibition on medicinal claims is behavioural in nature. It is possible to promise consumers too much regarding beneficial properties of a food without actually making them believe that the food is a medicinal product. The author argues against the Dutch interpretation and in favour of an interpretation adhered to by most other EU Member States.

Luis González Vaqué

European Food and Feed Law Review, Jahrgang 12 (2017), Ausgabe 6, Seite 482 - 490

Vito Rubino

European Food and Feed Law Review, Jahrgang 12 (2017), Ausgabe 4, Seite 326 - 334

This article analyses the developments in the EU case-law on the notion of “evocation” of a geographical indication protected by the European Union in order to precisely define the elements of this particular case, distinguish it from the so-called “product affinity” and misleading conduct of juxtaposition and confusion as to the origin and identity of products, as well as analysing the boundary between “evocation” and “indirect comparative advertising” in the context of a market with increasing competition between PDO/PGI products and similar generic products.