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BGH hears case on labelling obligations under the Health Claims Regulation in advertising

At the request of Merx Pütz Rechtsanwälte, the Munich Higher Regional Court has prohibited a company from advertising its food supplements with health claims without also including the mandatory information on the importance of a varied and balanced diet and a healthy lifestyle in accordance with Art. 10 para. 2 lit. a) of the Health Claims Regulation. The question of whether this mandatory information only applies to the labelling of the packaging or also to the use of health claims in advertising is still controversial today. The OLG has authorised the appeal. The unsuccessful defendant has lodged an appeal. Clarification by the highest court is therefore imminent.