'Easily digestible'accompanied by reference to reduced acidity prohibited 'health claim' for wine

Print this page 18-11-2012
IPPT20120906, CJEU, Deutsches Weintor v Land Rheinland-Pfalz

ADVERTISING LAW

 

‘Easily digestible’ accompanied by reference to reduced acidity is a prohibited “health claim” for wine.

 

"40. In that, the claim in question might suggest a sustained beneficial physiological effect consisting in the preservation of a healthy digestive system, contrary to other wines, which are presumed to result, after being consumed a number of times, in sustained adverse effects on the digestive system and, consequently, on health.


41. In the light of the foregoing considerations, the answer to the first two questions is that the first subparagraph of Article 4(3) of Regulation No 1924/2006 must be interpreted as meaning that the words ‘health claim’ cover a description such as ‘easily digestible’ that is accompanied by a reference to the reduced content of substances frequently perceived by consumers as being harmful."


Prohibition of a correct claim warranted by the requirement to ensure a  high level of health protection for consumers.

 

"52. Thus, the European Union legislature was fully entitled to take the view that claims such as that at issue in the main proceedings are ambiguous or even misleading where they relate to an alcoholic beverage. By highlighting only the easy digestion of the wine concerned, the claim at issue is likely to encourage its consumption and, ultimately, to increase the risks for consumers’ health inherent in the immoderate consumption of any alcoholic beverage. Consequently, the prohibition of such claims is warranted in the light of the requirement to ensure a high level of health protection for consumers.

 

60. In the light of all the foregoing considerations, the answer to the third question is that the fact that a producer or distributor of wine is prohibited under Regulation No 1924/2006, without exception, from using a claim of the kind at issue in the main proceedings, even if that claim is inherently correct, is compatible with the first subparagraph of Article 6 (1) TEU."

 

IPPT20120906, CJEU, Deutsches Weintor v Land Rheinland-Pfalz

 

C-544/10 - ECLI:EU:C:2012:526