Category: European Courts
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EU Member States Cannot Restrict GMOs Without Valid Safety Concerns, ECJ Rules
The European Court of Justice (ECJ) has determined that member states cannot invoke the “precautionary principle” to restrict the cultivation and sale of crops developed from genetically modified organisms (GMOs) if the European Commission has not determined that the crops “are likely to constitute a serious risk to human health, animal health or the environment.”…
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Scottish Brewery Loses Bid to Keep “Elvis Juice” Beer Name
Scottish brewery BrewDog lost its battle to call one of its craft beers “Elvis Juice” when the U.K. Intellectual Property Office ruled that Elvis Presley’s estate still owns a trademark for “Elvis” beer. BrewDog released the grapefruit IPA in 2015, and the U.K. trademark owner, Authentic Brands Group, filed an infringement notice. The administrative body…
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Plant-Based Products Cannot Be “Milk, ” ECJ Rules
The European Court of Justice (ECJ) has ruled that plant-based products cannot use milk- or dairy-related terms for product names or in marketing because the terms are “exclusively” reserved for animal-milk products under EU law. Verband Sozialer Wettbewerb eV v. Tofu Town.com GmbH, Case C 422/16 (order entered June 14, 2017). Verband Sozialer Wettbewerb eV,…
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Nutella® Wins Palm Oil Ad Dispute
Ferrero SpA, maker of Nutella®, has reportedly won a dispute in the Brussels Court of Appeal over a rival’s advertising that claimed its similar product was healthier because it does not contain palm oil. Ferrero sued Belgium’s Delhaize Group after the “Choco” maker launched an ad campaign claiming its “certified without palm oil” spread was…
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UK Court Holds Chicken Company Liable for Slavery Claims
The High Court of England and Wales has reportedly held DJ Houghton Chicken Catching Services liable for claims brought by six Lithuanian men who allege they were victims of trafficking. The company lost its license after police raids in 2012 found what the Gangmasters Licensing Authority called “the worst UK gangmaster ever.” The men assert…
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French Court Overturns Ban on GMO Maize; Later Ban Still in Effect
France’s highest administrative court, the Conseil d’État, has reportedly invalidated a 2014 decree banning Monsanto’s MON810 maize, a genetically modified organism (GMO), because the decree did not demonstrate that the maize would cause serious health or environmental risks, a standard determined by EU rules. The ruling will not allow GMO maize to be cultivated in…
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European Court Finds EU Stance on Sugar Precludes Glucose Health Claims
The EU General Court has confirmed a European Commission decision finding that German company Dextro Energy’s health claims for its glucose supplements are contrary to the messages of national and international authorities on the health risks associated with sugar consumption. The commission decided the issue in January 2015 despite advice from the European Food Safety…
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Spanish Supreme Court Rejects Champagne Industry’s Challenge to “Champín” Soft Drink
The Supreme Court of Spain has reportedly dismissed a challenge brought by the Comité Interprofessionel Du Vin de Champagne alleging that Champín, a Spanish fruit-flavored soft drink, infringes the organization’s protected-designation-of-origin rights. The organization asserted that Champín could be confused with Champagne, which may only describe sparkling wines made in that region. The court disagreed,…