Judgment_paragraph 22 · Ehrmann AG v Zentrale zur Bekämpfung unlauteren Wettbewerbs eV (C-609/12)

22In the opinion of the referring court, the slogan does not constitute a misleading description for the purposes of the first sentence and of point 1 of the second sentence of Paragraph 11(1) of the LFGB, and it cannot be characterised as a nutritional claim for the purposes of Article 2(2)(4) of Regulation No 1924/2006. However, the slogan does constitute a health claim for the purposes of Article 2(2)(5) of that regulation. From the point of view of the relevant public, milk has a positive effect on health, in particular for children and young people, especially because of the minerals it contains. The slogan expresses a positive effect of the product in question by comparing it to a daily glass of milk. Thus a link between that product and the consumer’s health is suggested, and such a link is sufficient to establish a health claim in accordance with the judgment in Case C‑544/10 Deutsches Weintor EU:C:2012:526, paragraphs 34 and 35.

Ehrmann AG v Zentrale zur Bekämpfung unlauteren Wettbewerbs eV (C-609/12)

Key facts

History · 1 version

Connections