Food products are among the most common products in the Life Sciences sector. In addition to demarcation issues, which can arise for, for example, dietary supplements in relation to pharmaceuticals, there are a large number of requirements and regulations regarding labeling and manufacturing. Setterwalls’ Life Sciences team works daily with food related issues.
Generally speaking, food is everything that is intended or can reasonably be expected to be consumed by humans. However, a product that is a medicinal product, tobacco product, alcoholic product, cosmetic product or belongs to certain other classes of goods is not considered to be a food product. In addition to what is commonly referred to as food in daily speech, for example, dietary supplements and chewing gums are also included in the definition.
Selling or manufacturing food products often do not require a license, in most cases a registration with the supervisory authority is sufficient. However, there are strict requirements on, among other things, the manufacturing process and the labeling of the food product. For example, certain information must appear on the product label, for example ingredient list, allergen information, quantity list, nutritional declaration etc. Both EU regulations, national legislation and regional regulations must be observed.
Health and nutrition claims in the marketing of a food product are also subject to extensive regulations. Nutrition and health claims do not only apply to labeling on packaging, but all marketing of the product through, for example, advertisements, oral information in the sales situation and on the internet. The European Commission has approved certain nutrition and health claims. If, as a manufacturer, you want to use other health claims about food, you must apply for approval of a new health claim. Setterwalls has extensive experience in nutrition and health claims for food products.
In addition to these requirements, special rules apply to a variety of categories of foods. This may include protected designations, origin markings or new food products, so-called. novel food. Setterwalls can help clarify what applies to your particular product. Setterwalls’ lawyers also have relevant experience regarding the plant varieties right, not very common in intellectual property law.
As regards the manufacture of food products, there are also a large number of regulations regarding premises, handling and hygiene.
Food product legislation is extensive. Setterwalls’ experienced Life Sciences team has broad experience of issues related to demarcation issues, as well as applicable regulatory requirements and marketing of food products.