Consumentenrecht

New Food Regulation published today: 3 more health claims authorised
04/09/2013

These functional health claims relate to the effects of:

1. ‘toothkind' drinks, which contribute to maintain tooth mineralisation compared to soft drinks;

2. the consumption of slowly digestible starch (SDS) in starch-containing foods, which raises blood glucose concentration less after a meal compared to products low in SDS

3. cocoa flavanols, which help maintain the elasticity of blood vessels, which in turn contributes to normal blood flow.

New Food Regulation adopted: R.I.P. ‘Parnuts’ and ‘Dietary Foods’
12/07/2013

On 12 June 2013, the EU Parliament adopted a new Regulation 609/20131¹, regarding the rules governing the composition and labelling of baby food, food for special medical purposes and total diet replacement for weight control.

This Regulation replaces several other Regulations in order to simplify and clarify the rules regarding the labelling and composition of what is called ‘Foodstuffs for Particular Nutritional Uses' (PARNUTS).

ACM highlights its 2013 key priorities
20/05/2013

The new Authority for Consumers and Markets ("ACM") highlighted the key priorities it will pursue during the rest of the year. It will seek to address problems in the markets for housing, medical supplies, telecommunications, and energy. The ACM also emphasized its goal to safeguard and nurture the values of fair competition, investment and innovation, and consumer welfare.

ECJ Rules That Information Provided Via Websites Or Hyperlinks Does Not Meet Requirements of Consumer Distance Contracts
08/08/2012

On 5 July 2012, the Court of Justice of the European Union (“ECJ”) handed down a judgment on a reference for a preliminary ruling from the Oberlandesgericht Wien (Austria) concerning the interpretation of Article 5 (1) of Directive 97/7/EC of 20 May 1997 on the protection of consumers in respect of distance contracts (“Distance Selling Directive”) (ECJ, case C-49/11, Content Services Ltd v. Bundesarbeitskammer).

ECJ Holds that National Courts Must Exclude Rather than Modify Unfair Terms in Consumer Contracts
05/07/2012

In a judgment of 14 June 2012, the Court of Justice of the European Union (“ECJ”) gave judgment on a preliminary reference from the Provincial Court of Barcelona

ECJ Opens Door on Possible Class Actions in Consumer Law
22/06/2012

In a judgment of 26 April 2012, the Court of Justice of the European Union ("ECJ") ruled on a preliminary reference from a Hungarian Court concerning the interpretation of Article 6(1) of EU Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts ("Directive 93/13/EEC") (ECJ, case C-472/10, Nemzeti FogyasztÏŒvédelmi HatÏŒság v. Invitel Távközlési Zrt).

Le vendeur de l’œuvre d’art face aux droits du consommateur
05/06/2012

Une décision récente du Tribunal de première instance de Bruxelles, intéressante au regard du droit de la consommation et du droit de l'art, a été rendue début de l'année 2012 (2 janvier 2012 (R.G. 2010/3852/A).

Changes to the consumer credit act: a more rigorous framework
01/12/2010

The Belgian ”Consumer Credit Act” was recently amended (1) in order to implement the Consumer Credit Directive (2) into Belgian law. These amendments will enter into force on 1 December 2010.

Nutrition and Health Claims
08/09/2010

"Extra Light!", "Contains antioxidants", "Cholesterol free", "Meets your daily omega 3 needs", "With probiotics to strengthen your immune system". Claims about nutrition and health benefits are becoming increasingly popular in the food industry. In fact, even trademarks can be construed as health or nutrition claims.

Recent Changes to the Consumer Credit Act
08/09/2010

As consumer consumption is a major engine of economic growth, it is important to take a close look at the latest legal developments affecting consumer credit.