At the possible effects of elderberry it go according to the presented information Moreover especially around the elderberries and the leaves of the black elderberry Bush; Then only a sweat-inducing effect is attributed to elderberry flowers. With regard to article 5, par. 1 lit. (b) HCVO must be above all so that the advertised substance in the product in a quantity exists that is suitable according to generally accepted scientific evidence, to achieve the advertised physiological effect. In this respect it would use the company also nothing that fresh plant juice from echinacea will used in doses from 100 mg as a remedy to increase the body’s defenses by stimulating the immune system. The advertised effect, which must exist at the time of advertising can, not only demonstrate according to the judge by a still-too-sweeping opinion anyway, if so far still no study with an appropriate statement to the operation Liege before in such a dose. The advertiser can rely not only on already present at the time of advertising findings, expected only to findings by a review by a court appointed expert. An effectiveness could be said therefore in particular on “good luck”.
Finally, the judges point out that the registration process not completed after the HCVO of health-related statements of the Court’s own decision and a ban not to stand here present not scientifically proven health-related advertising. Also reported claims are likely to be used para 5 HCVO prior to a decision of the European Commission according to article 28, if the action statements meet the requirements of article 5 HCVO. Just the there demanded general scientific substantiation is in the approval process to prove how no 353 / 2008 is clear from article 15 of the HCVO with the VO to adopted. The company nothing will demands like the other companies with scientific evidence, what not at an authorisation already checked will. A disadvantage of small and medium-sized enterprises by their failure to decide the Commission cannot therefore recognize the Court. As a result, the decision is defensible. The courts consistently apply the strict legal requirements for health-related advertising and the watchdog clubs know that.
Whether they are however even empowered to pronounce such warnings if its own members themselves do not comply with the strict requirements, is rather questionable. Soon some trend-setting are judgments on this very important issue. Until then, the company with creative alternative strategies should be prepared. Without precise knowledge of the legal situation and such court decisions that should however hardly be possible.Other non-binding and free information relating to food law, see