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Posts Tagged ‘District Court of Düsseldorf’

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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