We check your food label!
Our specialist lawyer for industrial property protection will check your food label for violations of regulatory and competition law regulations. All you have to do is send us your food label. We will then carry out a legal assessment and advise you on the correct labeling and the legally compliant marketing of your product. You can use our initial consultation form to send us your label free of charge and receive a recommendation for action from us within 48 hours.
Ihr Ansprechpartner
Rechtsanwalt Peter Weiler
Fachanwalt für gewerblichen Rechtsschutz
+49 30 / 206 436 810
info@mueller.legal
Mandatory information on food labels
Foodstuffs are subject to special labeling requirements under the European Food Regulation. According to Art. 9 of the Regulation, the packaged food must contain at least the following markings as shown in the picture:
- the name of the food - note that the name for some foods is specified by law, such as for fruit juice, honey or milk - if you choose a fantasy name such as "raspberry dream" for your dessert, make sure that you also give the food a precise name (raspberry-flavored dessert cream or raspberry dessert cream);
- the list of ingredients - in descending order of weight;
- information on allergens;
- the quantity of certain ingredients or classes of ingredients;
- the net quantity of the food;
- the best-before date / use-by date;
- the name or business name and address of the food business operator in accordance with Article 8(1);
- a nutrition declaration.
Übersicht Mindestangaben auf Lebensmitteletikett
You must observe these regulations when making voluntary claims on foodstuffs
When using voluntary claims on food, you must also observe a number of requirements. These are often advertising claims or the use of test seals. It is important that the additional information provided is not misleading for the consumer. Especially when using health claims, you must take into account the legal requirements of the Health Claims Regulation. For example, this prohibits the use of product names that are not clear enough for consumers or whose health-promoting effect cannot be proven. In addition, you may only use labels such as eco-labels if your product meets their requirements. Otherwise, it would again be misleading the consumer.
Other relevant legislation
The following legislation is also relevant for you in connection with food labeling:</p
- Regulation (EC) No 1333/2008,
- Provisional Regulation supplementing Union legislation on the provision of information to consumers on the labelling of substances or products causing allergies and intolerances in unpackaged foods (Provisional Supplementary Food Information Regulation - VorlLMIEV),
- Nutritional Value Labeling Ordinance (NKV),
- Food and Feed Code (LFGB),
- Health Claims Regulation (Regulation (EC) No. 1924/2006),
- Regulation (EC) No. 1334/2008 on flavorings and certain food ingredients with flavoring properties,
- Regulation (EU) No. 1169/2011 on the provision of food information to consumers
You must expect these legal consequences in the event of incorrect product labeling
If you label food incorrectly, you may receive a warning from competitors and associations. These can then use the warning letter to assert both injunctive relief and claims for damages against you. You may also be fined by the authorities to ensure that you are not misleading or deceiving consumers.
Injunctive relief and claims for damages due to warnings
If your product is mislabeled, this constitutes unfair conduct. Competitors and associations can issue warnings about this and simultaneously assert claims for injunctive relief. You will often also be asked to submit a cease-and-desist declaration with a penalty clause and to reimburse the costs of the warning letter. An obligation to cease and desist may mean that you will no longer be able to sell your products and entire stocks will have to be repackaged. You may even have to completely redesign your product. To avoid this, you should have your food label checked by a specialist lawyer.
