BGH on illegal health claims in the context of advertising food items Posted by PRGateway on August 29th Cheap Duncan Keith Shirt , 2017
In its ruling of March 29, 2017, the Bundesgerichtshof (BGH), Germany"s Federal Supreme Court Cheap Patrick Kane Shirt , clarified once again that health claims cannot pertain to products and must relate to substances (Az.: I ZR 7116).
When it comes to promoting foods and foodstuffs with health claims, companies must take care to ensure that the claims do not relate to the product as a whole but instead refer to specific ingredients with respect to which the statement has been approved or the statements are supported by sufficient scientific evidence. Otherwise, we at the commercial law firm GRP Rainer Rechtsanw盲lte note that such claims may violate the Health Claims Regulation as well as competition law.
In its judgment of March 10, 2016 Cheap Marian Hossa Jersey , the Oberlandesgericht (OLG) Celle [Higher Regional Court of Celle] had prohibited a tea producer from using the term "detox" as a health claim in relation to a herbal tea comprising various ingredients including stinging nettle, green tea, peppermint and several others (Az.: 13 U 7715), but granted leave to appeal to the BGH. The Bundesgerichtshof"s 1st Civil Panel strongly indicated in its ruling of March 29 Cheap Gustav Forsling Jersey , 2017 that it intended to dismiss the appeal.
The Panel clarified that health claims pertaining to foods and foodstuffs are only allowed to refer to substances and not the product as a whole. In the instant case, the herbal tea consisting of up to 20 per cent stinging nettle and green tea each had been promoted using the term "detox". According to the Panel, consumers were said to perceive "detox" as a health claim. It went on to say that there is always a presumption that a statement or term is a health claim if it is implied that consuming the food item in question will lead to an improved state of health. It was said that the term "detox" would be understood as referring to the entire product and not merely the ingredients stinging nettle and green tea. The BGH followed the OLG Celle"s line of reasoning. Appeal proceedings have since been settled by way of a ruling from June 13, 2017 dismissing them.
Advertising is often a bit of a tightrope walk for businesses Cheap John Hayden Jersey , it being possible for violations of competition law to occur. This is particularly true in relation to advertising and statements pertaining to foods. Violations can give rise to formal warnings, damages claims and injunction suits. Lawyers who are versed in the field of competition law can assist companies in fending off or enforcing claims arising from violations of competition law.
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GRP Rainer LLP www.grpraineren is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses Cheap Ryan Hartman Jersey , self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf Cheap Brandon Saad Jersey , Frankfurt, Hamburg, Munich, Stuttgart and London UK.
There inevitably will come a time once you acquire your self just a bit short of money and in some fairly desperate will need of it. Whenever you come up short like this do you ever obtain some thing that you simply can live with out for a though and run off to a pawn shop for some fast cash to ease your monetary pains?
If so then pay attention to this post simply because there’s a much better approach to get that fast cash that you simply require with out having to component with some thing of value to you. You see Cheap Artem Anisimov Jersey , the most important dilemma having a pawn shop is which you will in no way get a loan for the full value of your item.
Having a payday loan you might get precisely the quantity of money that you simply desire and just repay it plus a finance charge. Having a pawn shop you’ll get whatever the guy is willing to provide you with for it which could possibly or might possibly not be sufficient to cover your wants and you either take it or leave it and then pay a finance charge on that quantity.
Whenever you use a pawn shop you put your property at risk. Which is suitable, for those who can’t pay no less than the finance charge on the due date then your item will grow to be the property of the pawn shop and it is going to be sold for a lot more than the quantity which you had been loaned on it.
Having a payday cash advance loan you’ll not risk any of your physical property. There’s no collateral needed to obtain a cash advance loan. You basically apply and present verification of age, employer and bank account. Then you get the funds required with no collateral.
Some lenders may perhaps need a post dated check which is dated for the due date. This is security for the lender due to the fact for those who do not show together with your payment they’ll basically deposit the check and then it is on you to repair the harm if the funds aren’t there.
The finance charges for a Alabama cash advance are comparable to that of a pawn shop. Pawn shops normally provide you with a month to repay even though a Payday loan is often due on your next payday but is usually so long as a month.
Both function similarly as far as extensions go. In case you can not repay the full quantity of the balance on its due date then you can actually just pay the finance charge and have the due date extended until your next payday having a cash advance or for a different month having a pawn shop.