Large corporation loses litigation: toddler pudding does not promote healthy child growth

Large corporation loses litigation: toddler pudding does not promote healthy child growth

Frankfurt Regional Court prohibits advertising on Nestle packaging
(jur). Nestle is no longer allowed to advertise its infant and toddler pudding "Alete MilchMinis Schoko" with the statement that it is good for the bones. The one-sided statements violate EU law, as the regional court Frankfurt am Main decided in a judgment published on Monday, March 14, 2016, by the Federal Consumer Association (vzbv) (Az .: 2-06 O 337/15).

According to the manufacturer, the pudding is intended for infants and toddlers between eight months and three years. On the packaging, Nestle advertises that one cup covers 23 percent of the daily calcium, magnesium and zinc requirements - "for strong bones and healthy growth". On the back it says: "Calcium and magnesium are important for strong bones, zinc promotes healthy growth". The vzbv sued Nestle for an injunction. These are inadmissible health-related statements.

The Frankfurt Regional Court has now followed this. Advertisers can only be understood in such a way that the consumption of the product supports "strong bones" and "healthy growth". Correspondingly general statements have so far not been permitted for zinc, for calcium only for children from three years of age.

Nestle cannot rely on transitional provisions. Thereafter, health statements can continue to be used for the time being if they have been used previously and an application for inclusion in the EU list of permitted health advertising is ongoing. Here, Nestle did not explain which company and for which product the statements had previously been used.

In addition, there is no indication of exercise and a balanced diet on the packaging. Such a reference is useful and necessary for health-related advertising even for infants from eight months old, the Frankfurt judges emphasized in their judgment of February 10, 2016. (mwo / fle)

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