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Home Articles Health Care & Social Health Claims Regulation – The LG Düsseldorf Answered
Health Claims Regulation – The LG Düsseldorf Answered

“If the defendant says that there was initially on the applicant to demonstrate that it had taken effect scientifically controversial statements, the court follows this view is not. Lit statements within the meaning of Article 13, paragraph 1. A) of Regulation 1924 / 2006/EC are forbidden, under the conditions of Article 28, paragraph 5 of Regulation 1924/2006/EG exceptionally permitted. According to Article 6 paragraph 2 of Regulation 1924/2006/EG, the food business of a health specification makes justifying the use of the claim. This means that first to make the applicant must demonstrate that the defendant lit health claims within the meaning of Article 13, paragraph 1. a) of Regulation 1924/2006/EG made in trade has. By submitting the appropriate expression of the websites of the defendant in the Appendix A 2 (p. 10 to 16 GA) the applicant has that – the rest remained undisputed fact – be sufficiently credible.

From Article 6, paragraph 5 of Regulation 28 1924/2006/EG also shows that there is then at the defendant, on whether the conditions of the present exceptional admissibility of every detail. This will include the information that the regulation 1924/2006/EG, including the provisions of Article 5 of Regulation 1924/2006/EG match. Does the advertiser this, nothing concrete, the use of the information is strictly prohibited. ”
In summary:

The person who advertises in connection with the sale of health-food has to prove the advertised effects, too.
The applicant has however only make credible that health claims have been made in trade. Bring with you the presentation of the relevant printouts of Internet sites where the health claims are figured out.


 

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