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Introduction
Publications
Publications (42)
Plant-based meat-like food is increasingly popular, and the meat industry has been opposing the use of terms traditionally used for meat and meat products for plant-based alternatives. Against this background, on 29 June 2022 the Government of France adopted Decree No. 2022-947 on the use of certain names used to designate foodstuffs containing veg...
On 17 March 2020, the President of the European Council, Charles Michel, and the President of the European Commission (hereinafter, Commission), Ursula von der Leyen, announced further European Union (EU) actions in response to the COVID-19 outbreak. Since the pandemic reached Europe, the EU has adopted a number of trade-related measures, including...
Legal issues surrounding the labelling of foodstuffs are plentiful. An important example is the use of ‘negative claims’, indicating that certain substances are not present. This article addresses legitimate uses of such claims in the EU, including nutrition claims, ‘gluten-free’ claims, and ‘lactose-free’ claims. Some EU Member States have also le...
The Court of Justice of the European Union (CJEU) was requested by the French Conseil d’État to determine, in essence, whether organisms obtained by mutagenesis (i.e. gene editing) are genetically modified organisms (GMOs) and whether they are subject to the obligations laid down by Directive 2001/18/EC of the European Parliament and of the Council...
On 14 November 2018, Poland’s Ministry for Agriculture and Rural Development notified the European Commission (hereinafter, Commission) of its intention to introduce mandatory country of origin labelling (hereinafter, COOL) for potatoes on the basis of a Draft Regulation of the Minister for Agriculture and Rural Development amending the Regulation...
Tofu Steaks? Developments on the Naming and Marketing of Plant-based Foods in the Aftermath of the TofuTown Judgement - Ignacio CARREÑO, Tobias DOLLE
Food irradiation has been addressed in international standards recognised by the World Trade Organization's (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement), in particular in the Food and Agriculture Organisation of the United Nations (FAO) and the World Health Organisation (WHO) Codex Alimentarius Stand...
A Myriad of EU Member States’ Measures on Mandatory Country of Origin Labelling (COOL) of Food Compromise the EU Internal Market - Ignacio CARREÑO, Tobias DOLLE
The Regulatory Framework on Plant Protection Products in the United Kingdom after Brexit - Ignacio CARREÑO, Tobias DOLLE
On 1 January 2017, France started a two-year trial of a mandatory country of origin labelling (hereinafter, COOL) scheme, which requires producers of milk, food containing milk products and food containing meat to provide information on the country of origin of the products. The scheme was introduced through Decree No 2016-1137 (i.e. Décret n° 2016...
The Relationship between Public Health and IP Rights: Chile Prosecutes Kellogg’s, Nestlé and Masterfoods for Using Cartoons Aimed at Attracting Children - Volume 8 Issue 1 - Ignacio CARREÑO, Tobias DOLLE
An Update on Nutrient Profiles in Light of the Dextro Energy Judgment of the EU General Court - Volume 7 Issue 3 - Ignacio Carreño
Food producers and consumers are confronted with ever-growing choices and increasing competition within the EU and around the world. This has already led to various cases of food fraud and a call for political and legal action. Food fraud can be defined as ‘‘the deliberate and intentional substitution, addition tampering or misrepresentation of foo...
On 20 July 2016, a new legal framework comes into effect for the so-called “food for specific groups”, established by Regulation (EU) No. 609/2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control (hereinafter, FSG Regulation). The FSG Regulation repeals Directive 2009/...
This report addresses the legal concept of "self-evident" and "flagrantly misleading" advertising established in Article 7(1)(c) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers1 (hereinafter, the Food Information Regulation, FIR). Since 13 December 20...
Edible Insects and Insect-based Products in the EU: Safety Assessments, Legal Loopholes and Business Opportunities - Volume 6 Issue 2 - Eugenia Costanza Laurenza, Ignacio Carreño
On 26 June 2015, the Chilean Official Journal published Decree No. 13 of 16 April 2015 (hereinafter Decree 13/2015) amending Decree 977/1996 Reglamento sanitario de los alimentos (hereinafter, the Food Health Regulation, as it is widely referred to in English, although the correct translation would be Food Sanitary Regulation ). In particular, Decr...
On 26 February 2014, the German Federal Court of Justice (Bundesgerichtshof, hereinafter, BGH) held, in the case Hipp v. Milupa, that trademarks can be health claims under Regulation (EC) No 1924/2006 on nutrition and health claims made on foods (hereinafter the Nutrition and Health Claims Regulation, NHCR). The BGH, therefore, confirmed the broad...
Ukraine Adopts New Food Safety Legislation in Order to Align its Legal Framework with that of the EU - Volume 6 Issue 1 - Ignacio Carreño, Anna Gladshtein
Energy Drinks: Stricter Health Warnings on Caffeine Content in the EU and Sales Bans to Minors and New Excise Taxes - Volume 5 Issue 4 - Ignacio Carreño
“Negative claims” can be defined as claims indicating that certain ingredients, nutrients or substances are not present in a foodstuff. Legitimate uses of regulated negative claims in the EU include some nutrition claims and “gluten-free” claims. Some EU Member States have legislated on “GM-free” claims. The article describes in more detail some ca...
"Negative claims" can be defined as claims indicating that certain ingredients, nutrients or substances are not present in a foodstuff. Legitimate uses of regulated negative claims in the EU include some nutrition claims and "gluten-free" claims. Some EU Member States have legislated on "GM-free" claims. The article describes in more detail some ca...
European Commission Proposes to Revise the EU's Legislative Framework on Novel Foods and Animal Cloning - Volume 5 Issue 3 - Ignacio Carreño
New EU Rules on the Country of Origin Labelling for Meat of Swine, Sheep, Goats and Poultry - Volume 5 Issue 2 - Ignacio Carreño
The European Commission Considers the UK Traffic Light Nutrition- Labelling Scheme as Voluntary Nutritional Information and Not as a ‘Non-Beneficial’ Nutrition Claim - Volume 5 Issue 1 - Ignacio Carreño
Hungary and Belgium Intend Limiting Trans Fats in Foodstuffs, as Done by other EU Member States - Volume 4 Issue 4 - Ignacio Carreño
The EU Single Market for Green Products and the Proliferation of Environmental Claims - Volume 4 Issue 3 - Ignacio Carreno
The Labelling of Honey in the Aftermath of EFSA's Scientific Opinion on Maize MON810 Pollen - Volume 4 Issue 2 - Ignacio Carreño
Substantial Amendment of the EU Regulatory Framework on Medical Devices and International Trade Implications - Volume 4 Issue 1 - Ignacio Carreño
At a time in which food taxes are causing controversy throughout Europe, this article provides an analysis of the genesis, rationale, scientific evidence and legal implications stemming from the introduction of such fiscal schemes. By taking as a case study the recently implemented (and soon-withdrawn) Danish fiscal scheme, it discusses the compati...
No Risk Assessment for Additional Uses of Existing Food Additives in the EU - Volume 3 Issue 4 - Ignacio Carreño
This article looks at the different regulatory approaches on food irradiation, starting with international standards on food irradiation, describing the approach in the US and other third countries, and finally in the EU, where there has been a regulatory standstill since 1999. The current EU approach on food irradiation, which authorises irradiati...
EU and US Mutually Recognise their Respective Organic Standards and Control Systems as Equivalent - Volume 3 Issue 2 - Ignacio Carreño
Overview of the Standard of Review for Possible Justifications to Introduce National Food Labelling Rules in the EU - Volume 3 Issue 2 - Ignacio Carreño
German Court Orders Change to Nutrition Labelling on Nutella Due to its Misleading Nature - Volume 3 Issue 1 - Ignacio Carreño
To discourage unhealthy eating and limit the population’s intake of fatty foods, an increasing number of countries across the the European Union is considering levying taxes on unhealthy food. This essay provides a brief analysis of the genesis, rationale and legal implications of these national ‘fat tax’ schemes by focusing in particular on the me...
This article describes recent changes in European Community (EC) legislation on the labeling of ingredients in foodstuffs that may trigger allergic reactions. It analyzes whether there are still gaps in the law and identifies problems concerning foods sold loose, in small packages and indelible marked bottles, fancy confectionary, and food supplied...
