Food & beverages

Advocate General of the CJEU considers French ban on hemp-derived cannabidiol (CBD) contrary to EU law

Eveline Van Keymeulen

Yesterday, Advocate General Tanchev presented his long-awaited opinion before the Court of Justice of the European Union (CJEU) in Case C-663/18 (Kanavape) stating that the general ban on natural cannabidiol (CBD) in France is contrary to EU law. It is the first time that the highest European Court, including the Advocate General, has been requested Read More

French guidance on marketing limitations for food products

Eveline Van Keymeulen

The DGCCRF recently published its guidelines on marketing limitations for food products and notably some guidance on the prohibition of the French term “gratuit”. This document sets out the conditions under which the new rules on promotional offers will be implemented by the DGCCRF. Theses guidelines are subject to change or development in the light Read More

The UK Food Standards Agency sets deadline for the CBD industry and provides safety advice to consumers

Eveline Van Keymeulen

On 13 February 2020, the UK Food Standards Agency (FSA) issued safety advice to users and set a deadline for businesses regarding cannabidiol (CBD) products under its supervision (i.e. mainly CBD oil, drops, foods and supplements). Noting the lack of information on the safety and contents of CBD products currently marketed in the UK, FSA Read More

CJEU confirms that trade mark owners need not amend broad specifications

David Stone

Today, the Court of Justice of the EU (CJEU) in Sky v SkyKick (C-371/18) has declined to follow the Advocate General and held that trade mark specifications that cover broad terms such as “computer software” cannot be invalidated on the basis that they are imprecise or contrary to public policy. In addition, a trade mark Read More

German courts confirm sales bans on CBD containing food

Eda Zhuleku

According to the latest version of the EU Novel Food Catalogue, EU regulators consider that CBD-containing foods and dietary supplements are classified as novel foods. The Novel Foods Regulation (EU) 2015/2283 defines as “novel” any food which has not been used for “human consumption” to a significant degree within the EU before May 1997. As Read More