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© Martin Kieffer - Attorney
Kieffer Legal Services
Law Firm
Rochusstraße 217, 53123 Bonn
NRW / Germany

Tel.: +49 228 18060951
Fax: +49 228 18060952

July 2016

German Printing Ink Regulation

On July 5, 2016 Germany notified the European Commission (EC) of the Twenty-First Regulation amending the Consumer Goods Regulation.

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Health Claims Regulations applies to B2B

On 14 July 2016  European Court of Justice  ruled

Article 1(2) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods, as amended by Commission Regulation (EU) No 1047/2012 of 8 November 2012, must be interpreted as meaning that nutrition or health claims made in a commercial communication on a food which is intended to be delivered as such to the final consumer, if that communication is addressed not to the final consumer, but exclusively to health professionals, falls within the scope of that regulation.

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The Higher Regional Court of Düsseldorf halts takeover of Tengelmann by EDEKA

On 12 July 2016 the Higher Regional Court of Düsseldorf  nullified a decision of the Germans economy ministry to allow the country's biggest supermarket group Edeka to buy grocery store chain Kaiser's, owned by retail group Tengelmann.

Germany's economy ministry had granted special permission for the merger on the condition that no jobs were lost, but the higher regional court of Duesseldorf said the decision was void as protecting workers was not equivalent to the public interest.

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Contaminants: when is a food considered unsafe?

According to article 14 (2) of Regulation (EU) 178/2002 food shall be deemed to be unsafe if it considered to be

(a) injurious to health;

(b) unfit for human consumption.

Article 14 (2) (a) of Re. 178/2002 applies, if  foods do not comply with the  maximum levels provided for contaminants as laied down in Regulation 1881/2006.

Article 14 (2) (b) Regulation 178/2002 applies, if a food is not considered injurious to health but regarded inacceptable for human consumption, for instance for reasons of contamination, whether by extraneous matter or otherwise, or through putrefaction, deterioration or decay.

Although foods do not have any toxicoligical effects some German control bodies are tending to apply article 14 (2) (b)of Regulation  178/2002 if products contain much higher comtaminant levels than other products of the same category.

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Report from the European Commission on food intended for sportpeople

On 15 June 2016  the European Commission published its report on food intended for sportspeople.

In sum the Commission came to the conclusion  that there is no necessity for specific provisions for food intended for sportspeople. The horizontal rules of food law provide the necessary safeguards for these products in terms of food safety, food composition, consumer information and legal certainty

Nevertheless, sports food may include some element of specificity and the analysis in this report shows that this may have to be taken into account by the Commission in the application and implementation of the horizontal rules, so that such specificities can be adequately addressed. The Commission will ensure proper application of horizontal legislation and monitor the developments after 20 July 2016.

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