ADVERTISING LAW
Case C‑19/15: Verband Sozialer Wettbewerb e.V. v Innova Vital GmbH. Request for preliminary ruling from the Landgericht München - Germany
The request stems from a dispute between an association protecting the commercial interests of its members and an undertaking selling a nutritional supplement, and concerns some statements made in advertising mail sent by the latter exclusively to doctors. The Court is called upon, for the first time, to determine whether the requirements under that regulation are applicable where nutrition and health claims on foods to be delivered as such to consumers are made in commercial communications addressed not directly to consumers but exclusively to professionals.
The question referred to the Court of Justice (CJ) is:
‘Must Article 1(2) of Regulation No 1924/2006 be interpreted as meaning that the provisions of that regulation apply also to nutrition and health claims made in commercial communications in advertisements for foods to be delivered as such to the final consumer if the commercial communication or advertisement is addressed exclusively to the professional sector?’
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