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© Martin Kieffer - Attorney
Kieffer Legal Services
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Does the Health Claims Regulation apply to B2B?

2016-03-11 16:22

On 18 Febrauary 2016 the advocate general of the European Court of Justice recommended that article 1(2) of Re. 1924/2006 be interpreted to nutrition and health claims on foods intended to be delivered as such to the final consumer , which are made in commerecial communications, when they are intended exclusively for professional but with the goal to reach consumers indirectly through them.

The decision of the ECJ  is still outstandig. However, the conclusions of the advocate general are likely to form the basis of the judge`s ruling, which will be expected in the following months.

The case came to court  following a dispute between a German trade association and a vitamin D3 company over material provided to care professionals.

The German Court (Landgericht München 1) asked the ECJ whether  the Health Claims Regulation applies to B2B as well.

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