Advertising Food in Europe: A Comparative Law Analysis by Aude Mahy

By Aude Mahy

Lots of foodstuff legislations issues are dealt with another way through a few of the nationwide jurisdictions inside and out of doors of the ecu Union. This edited quantity provides a few of the nationwide techniques on how foodstuffs must be effectively advertised around the ecu fiscal quarter. Following a similar framework, skilled meals legal professionals supply sensible ideas and convenient perception at the thorniest and an important nationwide features of nutrients advertisements inside of their state. The ebook is consequently conceived as a realistic handbook, each one bankruptcy protecting one particular kingdom.

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Accordingly, food advertising includes every statement made when placing a foodstuff on the market that has objectively ascertainable and verifiable content. g.  2 of the Austrian Act on Food Safety and Consumer Protection (Lebensmittelsicherheits- und Verbraucherschutzgesetz, LMSVG).  3 LMSVG. 3 Regulation 1924/2006 of the European Parliament and the Council on nutrition and health claims made on foods, OJ 2006 L 404/9. at/> (last accessed on 17 February 2014). 2 ÖLMB. 6 As the national authorities regularly prosecute any non-compliance with the ÖLMB its rules should not be disregarded.

1 Directive 2000/13/EC. The Austrian provision prohibits placing products on the market or to advertise them with claims that could be misleading. angid=1&stid=714979&dstid=335> (last accessed on 17 February 2014). 21 See supra note 1. 2014 11:29:08 CHAPTER 3 Austria teristics of the foodstuff, such as its nature, identity, properties, composition, quantity, durability, origin or provenance, method of manufacture or production; (2) statements about effects or properties of the foodstuff which it does not possess; and (3) statements which suggest that the foodstuff possesses special characteristics when in fact all similar foodstuffs possess such characteristics.

21 This leads the operators that are willing to design an international promotional campaign to assess whether the reference to doctors or nutritionists is allowed within each jurisdiction for which the advertising is intended. 22 20 See in particular: Commission Regulation (EU) No 432/2012, op. , recital 17.  11.  12.  Is the use of nutrition or health claims on non-prepackaged food further regulated at the national level? 23 These products, when bearing a nutrition or health claim, do not have to provide nutritional information to the consumer, nor state the importance of a varied and balanced diet and a healthy lifestyle and the quantity of the food and pattern of consumption required to obtain the claimed beneficial effect.

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