has received farther give-and-take on the Advocate General's Opinion inward Douwe Egberts NV v Westrom Pharma NV, Souranis Christophe in addition to FICS-World BVBA, Case C-239/02 (blogged on IPKat, xi Dec 2003). This Opinion, which has withal non been rendered into English, straightaway appears to bargain with honest advertising practices rather than merchandise marks every bit such. Douwe, who made in addition to sold DOUWE EGBERTS java inward Kingdom of Belgium objected to the sale of Westrom's production "DynaSvelte Cafe". That product, composed of minute coffee, fructose in addition to chromium, was marketed every bit a slimming aid. The jar, label in addition to instructions mentioned the "weight control" or "slimming" qualities of the production too every bit a arguing that it had been developed past times a "Dr Ann Wees Allen of the Glycaemic Research Institute". Douwe claimed that such endorsement breached diverse provisions of national police pull on marketing in addition to labelling of such products. The Belgian courtroom stayed the proceedings in addition to referred questions to the ECJ relating to the interpretation of Directive 99/4 on the labelling of java extracts in addition to chicory extracts, Directive 2000/13 on the approximation of the laws relating to the labelling, presentation in addition to advertising of foodstuffs in addition to Art.28 of the EC Treaty.
Advocate General Geelhoed advised the ECJ every bit follows: (i) Art.2 of Directive 99/4 way that the sale descriptions listed inward its annex could move alone used for the products listed inward that annex, piece other descriptions (such every bit a commercial or a made-up name) tin move used amongst those sale descriptions on the status that they are non confused with them; (ii) Art.18 of Directive 2000/13 precludes the application of non-harmonised national provisions which foreclose the purpose of references to weight loss, medical declarations in addition to declarations of approval; (iii) Arts.28 in addition to xxx of the EC Treaty prevents the application, to foodstuffs imported from other Member States, of non-harmonised national advertising laws which make non permit the purpose of references to weight loss in addition to to recommendations, attestations, medical declarations or opinions or declarations of approval. Taking into draw of piece of occupation organization human relationship the links betwixt the rules on labelling in addition to those on advertising, it was for the national courtroom to create upward one's hear the extent to which advertising rules could move applied to the same references inward honor of national products.
thinks he'll stick to milk inward future. Meanwhile he thinks that the AG's Opinion, which is a skilful bargain to a greater extent than permissive than Douwe Egbert would like, has a corollary -- if producers are allowed to purpose all vogue of price in addition to endorsements to marketplace their products, consumers must cause got total responsibleness for knowing what the price used inward advertising products truly mean. He suspects though that real few consumers bear a re-create of Directive 99/4 around with them when they watch the supermarket.
Slimming in addition to java here, here in addition to here
Ersatz java here, here and here
More on chicory here here and here
Advocate General Geelhoed advised the ECJ every bit follows: (i) Art.2 of Directive 99/4 way that the sale descriptions listed inward its annex could move alone used for the products listed inward that annex, piece other descriptions (such every bit a commercial or a made-up name) tin move used amongst those sale descriptions on the status that they are non confused with them; (ii) Art.18 of Directive 2000/13 precludes the application of non-harmonised national provisions which foreclose the purpose of references to weight loss, medical declarations in addition to declarations of approval; (iii) Arts.28 in addition to xxx of the EC Treaty prevents the application, to foodstuffs imported from other Member States, of non-harmonised national advertising laws which make non permit the purpose of references to weight loss in addition to to recommendations, attestations, medical declarations or opinions or declarations of approval. Taking into draw of piece of occupation organization human relationship the links betwixt the rules on labelling in addition to those on advertising, it was for the national courtroom to create upward one's hear the extent to which advertising rules could move applied to the same references inward honor of national products.
thinks he'll stick to milk inward future. Meanwhile he thinks that the AG's Opinion, which is a skilful bargain to a greater extent than permissive than Douwe Egbert would like, has a corollary -- if producers are allowed to purpose all vogue of price in addition to endorsements to marketplace their products, consumers must cause got total responsibleness for knowing what the price used inward advertising products truly mean. He suspects though that real few consumers bear a re-create of Directive 99/4 around with them when they watch the supermarket.
Slimming in addition to java here, here in addition to here
Ersatz java here, here and here
More on chicory here here and here
Komentar
Posting Komentar