CAP note on weight loss claims
CAP guidance on weight loss food ads. CAP has once more issued guidance for advertisers in the food sector on how to ensure weight loss claims are responsible and compliant. Stefania Grosso reports.
All Articles in Labelling and packaging
Competitor awarded damages for misleading medicinal claim
When a food supplement company challenged a competitor’s product name as a misleading medicine claim, was it also able to claim damages through Italian courts? Marialaura Boni reports.
New tobacco packaging controls come into force
Following an unsuccessful last-ditch court challenge by cigarette manufacturers, plain packaging for all cigarette packs is now UK law. The tobacco industry brands the regime disproportionate and says it will appeal. Ben Dunham reports.
M&S and Auchan fight over use of “Simply”
ISMS owns the Auchan supermarket brand and operates over 2000 “Simply Market” stores in France and beyond. It claimed M&S infringed its trade mark by sales in France of “Simply M&S” products. Vincent le Bars of Osborne Clarke Paris reports.
ASA probes Latvian “Pranamat Sales” site
Online ads for “ECO acupressure mats” claimed they “helped to relieve stress, reduce headache and back pain and improve circulation.” On what basis could the ASA have jurisdiction over a Latvian website? Daisy Jones reports.
Duesseldorf court finds “Einhorn” condom claims misleading
The challenged pack promised “1 package, containing 7 pieces, equivalent to up to 21 orgasms.” Competitor Fair Squared filed for an interim injunction, alleging this was misleading. Stephan Bahner of Osborne Clarke Cologne reports on the court’s decision.
BIS report on copycat packaging – are brand owners moving closer to or further away from direct enforcement rights against lookalikes under the CPRs?
The Government has reported on whether brand owners should be able to take direct action against lookalike products under the Consumer Protection from Unfair Trading Regulations 2008. Has this pleased anti lookalike lobbyist the British Brands Group? Barney Sich reports.
Payback time for Cadbury in Kit Kat trade mark battle with Nestlé?
Piqued by Nestlé’s blocking of its purple colour trade mark application, Cadbury challenged the Kit Kat owner’s attempt to register the shape of its four bar product. Who won in the recent CJEU judgment? Opinions differ but Varuni Paranavitane reports.
Skirmish in wet wipe wars over post-sale confusion
Gama Healthcare sued competitor Pal International over allegedly confusing similarities between the design of Pal’s “Medipal” wet wipe packs and Gama’s own Clinell wipe packs. Vicki Hawkins compares the packs and reports on Gama’s attempt to widen its claims.
New regulatory burdens for online medicine retailers
As of 1 July 2015, all those wanting to sell medicines on the web from the UK have had to register with the UK MHRA. An EU common logo must also be displayed. Georgina Graham reports.
Did Teekanne tea label with correct ingredients list still mislead on content?
“Felix raspberry and vanilla adventure” tea packs with “natural flavourings” and “raspberry and vanilla taste” and raspberry and vanilla pod artwork contained neither. Did the ingredients list save the day after German consumers sued? Mark Nathan and Stephen Groom report
SUPREME trade mark registration valid but does not stop competitor naming products “Supreme”
Supreme Petfoods sued Henry Bell for trade mark infringement over its use of the mark “Supreme” for petfood. Supreme’s registration was valid and the marks were identical; surely this must have been an infringement? Apparently not: Rob Guthrie reports
