An interview with Prof. Małgorzata Korzycka of the Department of Agricultural Law at the Faculty of Law and Administration of the University of Warsaw on barriers to free movement of goods on the EU food market, and the growing role of private food law.
The same requirements for nutrition claims and health claims prevail in communications targeted to specialists as in messages aimed at consumers. Consumer protection is the overriding priority.
The varying definitions of life science products and applicable provisions of EU directives and regulations can confuse even the most experienced judges, as in the case of a recent preliminary ruling by the Court of Justice sought by the regional court in the German city of Krefeld.
Apart from information about food products required by law, food producers may include optional information on labels concerning the characteristics of the product. Typically not much additional information is provided, because after inclusion of the mandatory data there’s not much room left on the label. This makes selection and verification of this additional information particularly important. Well-chosen additional information can help sell the product, but poorly chosen information can generate serious legal problems.
The Court of Justice of the European Union has held that the probability of a defect can make a product defective.
After more than two years of discussions, the Food Safety and Nutrition Amendment Act concerning children’s nutrition at schools was enacted on 28 November 2014. The new law, which comes into force on 1 September 2015, aims to eliminate unhealthy food from school shops and prohibit the promotion of unhealthy foods within educational institutions.