Law Advices and Legal Tips

Posts Tagged ‘Claims’

A traffic accident is a traumatic experience at the best times. It could be much worse if proper procedures are not followed after the accident, so you can file your claim. The following points will help.

* In the U.S. insurance laws decree that it is imperative to inform your insurance company immediately after the accident. Call your insurance agent immediately and if possible get him to the crash site before the cars moved. Otherwise, make certain you can contact your insurance company at the earliest.

* Gather all information about other driver and his vehicle, especially with respect to its insurance company and policy. This is even more important if the other motorist was responsible for the accident. In this case, prompt action will ensure his company that meets all requirements and no deductibles transferable to you. Read the rest of this entry »

Health Claims Regulation – The LG Düsseldorf Answered

The LG Düsseldorf, said:

“If the defendant says that there was initially on the applicant to demonstrate that it had taken effect scientifically controversial statements, the court follows this view is not. Lit statements within the meaning of Article 13, paragraph 1. A) of Regulation 1924 / 2006/EC are forbidden, under the conditions of Article 28, paragraph 5 of Regulation 1924/2006/EG exceptionally permitted. According to Article 6 paragraph 2 of Regulation 1924/2006/EG, the food business of a health specification makes justifying the use of the claim. This means that first to make the applicant must demonstrate that the defendant lit health claims within the meaning of Article 13, paragraph 1. a) of Regulation 1924/2006/EG made in trade has. By submitting the appropriate expression of the websites of the defendant in the Appendix A 2 (p. 10 to 16 GA) the applicant has that – the rest remained undisputed fact – be sufficiently credible.

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Decision of LG Düsseldorf

The LG Düsseldorf found that the disputed information from the online merchant just do not conform to the required 1924/2006/EG, but against in Article 5 paragraph 1 of Regulation 1924/2006/EG formulated conditions would conflict .

Reason: In accordance with Article 5 paragraph 1 of Regulation 1924/2006/EG nutrition and health claims are allowed only if the substances referred to by the information in the relevant product in a quantity are the by generally accepted scientific knowledge is such as to obtain the claimed nutritional or physiological effect (Art. 5 para 1st b) i) of Regulation 1924/2006/EG). In addition, the substances concerned in the relevant product available in a form which is available for the body (Article 5 para 1 lit. C) of Regulation 1924/2006/EG). Also, the quantity of the product whose consumption can be reasonably expected to contain a significant amount of active substances as established by generally accepted scientific data to obtain the claimed nutritional or physiological effect (Article 5 para 1 lit. D) Regulation 1924/2006/EG).

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Health Claims Regulation – Interesting Case LG Düsseldorf

Recently, an online retailer received a warning that had sold on his commercial website mushroom food supplements. Because of the warning: has the dealer advertised, among other things, that promote “the ingredients of the edible mushroom Maitake in a natural way the body’s immune system and thus strengthen the immune system.” Also promotes the “Shining Lackporling health, wellbeing and performance and strength so that” on nutritional way the whole organism. ” The dealer was not allowed to advertise in the form, the court in Düsseldorf. Read the rest of this entry »