Anwalt Deutschland Fachanwalt deutsch German Lawyer Germany English language Attorney-at-law English Lawyer germany french advocat francais allemagne French Attorney in Germany spanish language abogado alemania Spanish Attorney/ Lawyer in Germany Italian language avvocatto germania Italian Lawyer/ Attorney Germany Portuguese language advogado Alemanha Portuguese Polish speaking Lawyer/ Attorney in Germany adwokat Niemcy Polish Japanese speaking Lawyer/ Attorney in Germany Bengoshi Doitsu Japanese Attorney/ Lawyer Vietnamese language luat su Vietnamese Korean speaking lawyer/ attorney in Germany, Europe Korean Chinese language Lawyer/ Attorney in Germany/ Europe Chinese Lawyer/ Attorney russian speaking advokat Germaniya Russian

 

 

 

horak.
Attorneys at law

Law Office Lawyers/ Patent Attorneys Main practice areas Legal matters Client Service Litigation Free templates Offices Brochures Contact News Press FAQ
Competition law  Copyright law  Trademark law  Design law  Patent law  Media law  Online law  Food law  Public law  ITC

German Lawyer patent attorney Germany trademark attorney design attorney european law german attorney hannover germany based attorney at law for ip law it law competition law european law and regulations in germany litigation file suits representative  file german trademark law tm  competition copyright design food law media law patents contract law online law internet law patent law design protection file german patent utility model law lawyer it law contract law agricultural law architectural law banking law civil cervis law domain law employee inventions law financial penalties law food law guarantee law labour law land law pharma law state aid law waste law

Start  IP Application Services  Contact  Online enquiry  Imprint  Data Protection

 

 

...Start ...Main practice areas ...Food law
Start
Main practice areas
Administrative law
Agricultural law
Animal law
Anti Trust law
Architectural law
Banking law
Brokerage law
Business law
Capital Market law
Civil law
Civil service law
Commercial law
Commercial Criminal law
Competition law
Construction law
Contract law
Copyright law
Corporate law
Cosmetic law
Customs law
Data protection law
Design law
Distribution law
Domain law
Domain Arbitration law
Education law
Employee invention law
Energy law
Engineering law
Environment law
European law
Event law
Family law
Film law
Financial penalties law
Fiscal Offences law
Food law
Gambling law
Guarantee law
Higher Education law
Image rights
Industrial law
Inheritance law
Insolvency law
Insurance law
International law
International Trade law
Internet law
IP law
IT law
Labour law
Land law
Law on associations
M&A law
Mail order law
Media law
Medical malpractice law
Medical Products law
Medicine law
MLM law
Music law
Online law
Patent law
Pharma law
Plant variety law
Photography law
Press law
Publishing law
Public commercial law
Public procurement law
Purchasing law
Real Estate law
Restaurant law
Sales representaves rights
Sports law
State Aid law
Students rights
Tax law
Technology law
Tenancy law
Telecommunications law
Terms and conditions law
Tort law
Trademark law
Traffic law
Transport law/Shipping law
Waste law
Wine law
 
horak.
Attorneys at Law Hannover
Lawyers
Patent Attorneys
Georgstr. 48
30159 Hannover (Hauptsitz)
Germany
Fon +49 511.35 73 56-0
Fax +49 511.35 73 56-29
info@bwlh.de
hannover@bwlh.de
 
horak.
Attorneys at Law Berlin
Lawyers
Patent Attorneys
Wittestraße 30 K
13509 Berlin
Germany
Fon +49 30.403 66 69-00
Fax +49 30.403 66 69-09
berlin@bwlh.de
 
horak.
Attorneys at Law Bielefeld
Lawyers
Patent Attorneys
Herforder Str. 69
33602 Bielefeld
Germany
Fon +49 521.43 06 06-60
Fax +49 521.43 06 06-69
bielefeld@bwlh.de
 
horak.
Attorneys at Law Bremen
Lawyers
Patent Attorneys
Parkallee 117
28209 Bremen
Germany
Fon +49 421.33 11 12-90
Fax +49 421.33 11 12-99
bremen@bwlh.de
 
horak.
Attorneys at Law Düsseldorf
Lawyers
Patent Attorneys
Grafenberger Allee 293
40237 Düsseldorf
Germany
Fon +49 211.97 26 95-00
Fax +49 211.97 26 95-09
duesseldorf@bwlh.de
 
horak.
Attorneys at Law Frankfurt/ Main
Lawyers
Patent Attorneys
Alfred-Herrhausen-Allee 3-5
65760 Frankfurt-Eschborn
Germany
Fon +49 69.380 79 74-20
Fax +49 69.380 79 74-29
frankfurt@bwlh.de
 
horak.
Attorneys at Law Hamburg
Lawyers
Patent Attorneys
Colonnaden 5
20354 Hamburg
Germany
Fon +49 40.882 15 83-10
Fax +49 40.882 15 83-19
hamburg@bwlh.de

horak. 
Attorneys at Law LEIPZIG
Lawyers
Patent Attorneys

Friedrich-List-Platz 1
04103 Leipzig
Deutschland

Fon 0341.98 99 45-50
Fax 0341.98 99 45-59
leipzig@bwlh.de

 
horak. 
Attorneys at Law Munich
Lawyers
Patent Attorneys
Landsberger Str. 155
80687 Munich
Germany

Fon +49 89.250 07 90-50
Fax +49 89.250 07 90-59
munich@bwlh.de
 
horak.
Attorneys at Law Stuttgart
Lawyers
Patent Attorneys
Königstraße 80
70173 Stuttgart
Germany
Fon +49 711.99 58 55-90
Fax +49 711.99 58 55-99
stuttgart@bwlh.de
 
horak. 
Patent Attorneys Vienna
 
Trauttmansdorffgasse 8
1130 Vienna
Austria
Fon +43 1.876 15 17
Fax +49 511.35 73 56-29
vienna@bwlh.de

 

Food law - horak Attorneys at law, Germany

What does the Act on Foodstuffs and Goods in Daily Use comprise?

Articles of Food: substances which are intended to be consumed by human beings in an unprocessed, processed or prepared condition.

Additives: substances which are added to articles of food in order to change its nature or to achieve particular properties or effects.

Tobacco products: products obtained exclusively or partly from raw tobacco which are intended to be smoked, chewn or otherwise used orally or sniffed.

Cosmetic preparations: substances intended be applied externally on human beings or in their oral cavity for hygiene, care or to influence appearance or body odour.

Goods in daily use: goods that are used when producing, processing, distributing or consuming articles of food and which come into contact with articles of food.

What role does the Medical Preparations Act or the Law on the Advertising of Medicaments play?

As far as communication (advertising, packaging, etc.) is concerned, articles of food, especially dietary supplements are often advertised “in a boundary area”, namely by means of statements which could rather be attributed to medical preparations. The latter would, however, significantly reduce the marketability, and can, moreover, lead to the application of the Law on the Advertising of Medicaments.

Under § 2 (3) Nr. 1 Medical Preparations Act connected with § 1 of the Act on Foodstuffs and Goods in Daily Use, the question has to be answered first if we are concerned here with an article of food as defined by of § 1 of the Act on Foodstuffs and Goods in Daily Use. In accordance with this regulation, articles of food are defined as substances which are intended to be consumed by human beings, which excludes substances which are consumed „predominantly” for purposes other than nourishment or pleasure. Considering the purpose of a substance and its actual role on the market, the possible ways it can be used are decisive as objective characteristics. Thus, dietary supplements can be regarded such articles of food, only if their consumption can be put down to nutrition grounds, i.e. if insufficient nutrition leads to consuming such dietary supplements.

What is directly prohibited under the Act on Foodstuffs and Goods in Daily Use?

Under § 8 of the Act on Foodstuffs and Goods in Daily Use it is prohibited to produce or distribute articles of food which are suitable to damage the health of a human being. Moreover, it is prohibited to use goods of daily use in articles of food in such a way that their consumption might injure health. Further, it is prohibited to produce, process or distribute products that can be mistaken for articles of food for third parties, when they constitute a risk to the health of human beings.

What should be taken into consideration as far as advertising or the product packaging are concerned?

It is forbidden to use advertising statements which ascribe effects to articles of food they do not have according to scientific research or are not secured enough scientifically. Critical indications such as “natural”, “naturally pure”, “residue-free”, etc, are legally admissible only in the narrow area of § 17 (1) Nr. 4 of the Act on Foodstuffs and Goods in Daily Use.

Moreover, there are advertising bans defined in § 18 of the Act on Foodstuffs and Goods in Daily Use which apply to advertising referring to health. Apart from a few exceptions, it is forbidden to advertise articles of food by promising prevention, alleviation or elimination of illnesses.

§ 18 of the Act on Foodstuffs and Goods in Daily Use contains several appropriations of the above and – contrary to § 17 of the Act on Foodstuffs and Goods in Daily Use – can be represented in the following way (complete wording of the law):

(1) “Notwithstanding the regulation of § 17 (1) Nr. 5, in transactions involving articles of food or in advertising of articles of food, it is generally or in a particular case forbidden to use

  • statements which refer to prevention, alleviation or elimination of illnesses,
  • references to doctors’ recommendations or medical opinions,
  • medical records or references to such,
  • statements of third parties, especially addresses of thanks, letters of acknowledgement or letters of recommendation, if they refer to elimination or alleviation of illnesses, as well as references to them,
  • illustrations of persons in working clothes or of members of medicals profession, therapeutic vocation or pharmacology at work,
  • statements which are suited to cause or take advantage of fear,
  • publications or written data which encourage treatment of illnesses by means of articles of food.

(2) The prohibitions listed under Paragraph 1 do not apply to practitioners of medical, auxiliary medical or therapeutic professions. The prohibitions under Paragraph 1 Nr. 1 and 7 do not apply to dietetic articles of food, as long as the Federal Ministry by means of an executive order with consent of the Federal Council provides otherwise.”

There is a range of court decisions in actual cases regarding each of the above statements, which should be taken into consideration.

What do we offer you?

We check the marketability of your new foodstuffs and their ingredients, as well as the delimitation from medical preparations which is particularly important. Of course, we also advise you on the matter of the admissibility of a packaging under the law on competition. Moreover, we assist you in your official proceedings relating to the foodstuffs law. We offer our services for all branches, typically including:

  • advice and assistance relating to additional foodstuffs
  • examination of the packaging (especially texts/pictures)
  • advice on foodstuffs and medicine advertising
  • advice, protection and defence of geographical indications of origin and trademarks
  • advice and representation when applying for a permit
  • representation and trial conduct at the enforcement of claims or at the defence against claims under foodstuffs/medical preparations law.

At your wish, we offer you assistance from designated experts on matters relating to microbiology, medical preparations or food chemistry.

What do we need to handle your legal questions relating to foodstuffs/medical preparations?

Usually we need exact data concerning your product, including its ingredients, information on the way of distribution of your product and/or – depending on your legal question – the packaging and all relevant documents which are to be agreed upon individually..

horak law office germany hannover lawyer representative compliance design infringement warning letter business start up law guarantee warranty liability border seizure leasing trademark infringement mediation minimum wage patent attorney patent infringement pro bono legal advice piracy product piracy brand piracy counterfeit litigation arbitration disputes renovation compensation online sales youtube pinterest instagram copyright infringement deutsch german law german court lawyer litigator german litigator hannover english

 

 trademarks patents designs law lawyer german law firm litigator litigation file court suit attorney Germany patent attorney agricultural law architectural law contract law employee inventions law medical malpractice law pharma law terms and conditions law gtc waste law print  attorney at law hannover germany europe trademark competition law save attorney solicitor hannover stuttgart berlin munich german law firmback  german law european law european lawyer specialist expert german law competition law germany copyright law german design lawyer food attorney media law germany online and computer lawyers patent law patent application telecommunications law office trademark law firm classical and modern physics solid state physics mechanics Laser Physics Electrical electronic radiofrequency technologies Telecommunications telematics Mechatronics Information Technology Data Processing Technology image processing technology semiconductor technology consumer electronics computer hardware IT technology software telecommunications automation optics Atomic Physics Molecular Physics Engineering Construction Automotion shipbuilding aircraft Drive Technology Control Technology Process Engineering Production Engineering Production Technology Packaging Paper Technique Product Development Measurement Control Engineering Process Technology Appliances Small Appliances Food Technology Aerospace safety technology power plant technology material technology steelmaking alloys nanotechnology plastics energy technology renewable energy Life Sciences Medical Biology Biophysics biotechnology Microbiology Cell Biology Neurobiology Molecular Biology gene therapy bioinformatics Pharmacy Pharmacology agents Biochemistry Chemistry Physical Chemistry Organic Chemistry Inorganic Chemistry Pharma antibody technology biosimilar generic diagnostic plant biotechnology diagnostic technology implants Immunology enzyme replacement therapy proteins muteins enzymes Transgenic cytokines, ribozymes, antisense RNA, RNAi Virology GM microorganisms plants animals human medicine food polymers catalysts lithography PhotographyOnline-Request