Transitional measure of food- and health Regulation is applicable to foodstuff sold as a medical product before January 2005

ADVERTISING LAW

The transitional measure of article 28(2) of Regulation No 1924/2006 on food- and health claims for foodstuff is applicable to a foodstuff which was sold as a medicinal product before 2005 and was afterwards sold as a foodstuff under the same trademark or brand name.

"Taking account of the foregoing considerations, the answer to the third question is that Article 28(2), first sentence, of Regulation No 1924/2006 must be interpreted as meaning that that provision applies in the situation in which a foodstuff bearing a trade mark or brand name was, before 1 January 2005, marketed as a medicinal product and then, while having the same physical characteristics and bearing the same trade mark or brand name, as a foodstuff prior to that date."

IPPT20161123, CJEU, Nelsons v Ayonnax

C-177/15 - ECLI:EU:C:2016:888