The Court of Justice of the European Union (CJEU) has prevented France from banning the marketing of cannabidiol (CBD) "lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds." In its ruling, CJEU found that "CBD cannot be classified as a 'narcotic drug,'" and although France is "not required to demonstrate that the dangerous property of CBD is identical to that of certain narcotic drugs," the country "must assess available scientific data in order to make sure that the real risk to public health alleged does not appear to be based on purely hypothetical considerations. A decision to prohibit the marketing of CBD, which indeed constitutes the most restrictive obstacle to trade in products lawfully manufactured and marketed in other Member States, can be adopted only if that risk appears sufficiently established."
Tag Archives Europe
The European Parliament has reportedly voted against a ban on the use of meat terms for plant-based alternatives to meat, allowing words such as "burger," "steak" and "sausage" to be used on the packaging for plant-based foods, while passing a measure to ban the use of dairy terms on alternatives to dairy foods, such as "yogurt-style" or "cream imitation." A ban was already in place for the use of "milk" and "butter" for plant-based foods, and the passage of the measure expands the limitations.
The European Food Safety Authority (EFSA) has released its assessment of perfluoroalkyl substances (PFAS)—a group of chemicals that can be found in food and food packaging—and their potential risks to human health. The agency has set the threshold for a group tolerable weekly intake of 4.4 nanograms per kilogram of body weight. EFSA noted that its 2018 assessment considered an increase in cholesterol as the main critical effect of PFAS, but the experts in the 2020 assessment "considered the decreased response of the immune system to vaccination to be the most critical human health effect."
The European Food Safety Authority (EFSA) has completed its health risk assessment for glycoalkaloids in food and animal feeds, especially in potatoes. "Experts identified a health concern for infants and toddlers, considering both mean and high consumers," the agency's announcement states. "Among adults, there is a health concern for high consumers only. Glycoalkaloids poisoning can cause acute gastrointestinal symptoms, such as nausea, vomiting and diarrhoea." "Based on the latest available knowledge, EFSA derived a lowest observed adverse effect level of 1 milligram per kilogram of body weight per day. This equates to the lowest dose at which undesired effects are observed," according to the statement. "Peeling, boiling and frying can reduce the content of glycoalkaloids in food. For example, peeling potatoes can reduce their content by between 25 and 75%, boiling in water between 5 and 65%, and frying in oil between 20 and 90%."
The U.S. Trademark Trial and Appeal Board (TTAB) has determined that "gruyere" is a generic name for the type of cheese and cannot be registered as a certification mark. Int'l Dairy Foods Assn. v. Interprofession du Gruyère & Syndicat Interprofessionel du Gruyère, No. 91232427 (T.T.A.B., entered August 5, 2020). Swiss and French associations attempted to register the mark and limit its use to cheese originating from the Swiss and French region of Gruyère, but several organizations filed notices of opposition, arguing that the term is generic. TTAB agreed, finding that a large number of cheese products sold in the United States as gruyere are produced outside of the Gruyère region, and consumer understanding of the term is not tied to a specific area. Accordingly, TTAB sustained the oppositions on the grounds that "gruyere" is generic.
Europol and Interpol have announced the seizure of 320 additional tonnes of "counterfeit and substandard food and beverages" following an operation that involved 83 countries, bringing the operation's seizure total to about 12,000 tonnes. "This year’s operational activities have found a new disturbing trend to address: the infiltration of low-quality products into the supply chain, a development possibly linked to the COVID-19 pandemic," the press release notes. The operation, which focused on dairy foods, olive oil, alcohol and horse meat, also identified counterfeit cereals, grains and derived products as well as coffee, tea and condiments.
The World Health Organization (WHO) has issued “COVID-19 and food safety: guidance for food businesses,” which provides information on the risks of transmission of COVID-19 in the food and beverage industry. “It is highly unlikely that people can contract COVID-19 from food or food packaging,” the guidance states. “Coronaviruses cannot multiply in food; they need an animal or human host to multiply.” Instead, it urges industry to “reinforce personal hygiene measures and provide refresher training on food hygiene principles to eliminate or reduce the risk of food surfaces and food packaging materials becoming contaminated with the virus from food workers.” The guidance provides specifics on hygiene standards, such as open food displays and the use of disposable gloves. The U.S. Food and Drug Administration has also provided several resources for food and beverage companies, including a list of frequently asked questions. The website features regularly updated questions on a number…
A regulatory committee of the European Union has reportedly voted to prohibit the use of chlorpyrifos and chlorpyrifos-methyl. Member countries voted to withdraw authorization for the insecticide after January 31, 2020, after which companies will have three months to dispose of their stocks of chlorpyrifos. The vote follows an August 2019 determination by the European Food Safety Authority finding that chlorpyrifos has "no safe exposure level."
The European Court of Justice has reportedly held that "balsamic" as a descriptor for vinegar is not reserved exclusively for producers in Modena, Italy. The case challenged a German vinegar producer's use of "Balsamico" and "Deutscher Balsamico." Although "Balsamic Vinegar from Modena" has been a geographic indication within the European Union for more than a decade, the court held, the rights to exclusive use did not extend to each word within the phrase. "The term 'aceto' [vinegar] is a common term and the term 'balsamico' [balsamic] is an adjective that is commonly used to refer to a vinegar with a bitter-sweet flavour," the court reportedly held.
The French government has reportedly abandoned a campaign suggesting French people abstain from drinking alcohol during the month of January following pressure from wine producers. The plan was apparently inspired by a promotion launched by a U.K. advocacy group in 2013 that encourages alcohol abstinence during January and mindful alcohol consumption in the months that follow. The French health minister reportedly confirmed that discussion for a Dry January campaign would not be held until a ministerial health prevention committee meeting in February 2020.
