Brussels, 29/03/2012 (Agence Europe) - According to the conclusions of the advocate general of the Court of Justice of the EU, Jan Mazak, on Thursday 29 March, advertising for a wine suggesting a temporary beneficial effect on the stomach is prohibited. The same is true for allegations suggesting that, due to the reduced acidity, the adverse effects of the wine on physical well-being are more limited than is usually the case with wines of that kind.
Regulation 1924/2006 on nutrition and health claims made on food bans, for alcoholic drinks, the use of health claims generally, irrespective of whether the beneficial effect implied is true. The case arose out of a dispute between Deutsches Weintor, a wine-growers' cooperative in Rheinland-Pfalz (Rhineland-Palatinate) and the state authorities. The latter were against the use of the term “bekömmlich” (digest, healthy, nutritional) with regard to the wine produced by the cooperative. They consider that the description, linked to an indication of light acidity, is a health claim and is therefore prohibited. The wine in question is marketed as “Edition Mild”, followed by “sanfte Säure” (gentle acidity). The label states that the wine “owes its mildness to the application of our special LO3 protective process for the biological reduction of acidity”.
The advocate general considers that the term “health claims” within the meaning of the regulation covers claims which imply a temporary beneficial effect on the physical condition, including allegations implying that, given the reduced content of a given substance, the adverse effects of a given food are more limited than is usually the case. It concludes that the general ban set out in the regulation, regarding the use of health claims of the kind in question, in relation to alcoholic beverages such as wine, is compatible with the freedom to choose an occupation and the freedom to conduct business as provided for in the Charter of Fundamental Rights of the European Union. (LC/transl.jl)