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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
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Christian Tenkhoff
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TUESDAY, 21 SEPTEMBER 2010
Switzerland: use of an image of a fruit on artificially flavoured syrup not misleading

The Cantonal authorities of Zurich tasked with the enforcement of food labeling laws prohibited a distributor of strawberry flavoured syrup from using a label that depicted strawberries. The syrup in question derived its taste mostly from artificial strawberry flavouring, and did not contain real strawberries (the Administrative Court said the syrup derived its "organoleptic characteristics" from artificial flavours. Just learned a new word.)

The Adminstrative Court of the Canton of Zurich, in a decision of 14 January 2010 (only published just now), reversed. It held that the image of the fruits indicated what kind of taste was to be expected, but did not necessarily indicate whether the taste was derived from real strawberries or from artificial flavour. Consumers that wanted to know this could read the label, where the ingredients of the syrup were correctly stated.

The decision has so far only been published in INGRES-News 9/2010; this publication is not available online.

Posted by: Mark Schweizer @ 10.02
Tags: switzerland, food labeling laws,
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