horak Attorneys at Law advises and represents clients in all legal matters relating to the production or sale of food/cosmetics and consumer goods. In addition to classical national and European food law, this legal practice also includes international food law as well as special matters such as due diligence obligations under food law, reporting obligations or HACCP and complaint management or food safety.
Due to the striving for consumer protection and numerous “food scandals” in recent years, the legislator must constantly change food law. This is the “simplification” of the Food Information Ordinance (LMIV), which, with its 15 annexes, does not actually reduce the regulations, but at least offers accommodation in a VO. The LMIV is in force and currently has no transitional regulation, so that from 12/2014 the relabelling must be carried out.
For companies, functional food, dietetics or food supplements are often profitable products in addition to traditional foods. One challenge, for example, is the differentiation between health-related foods and medicines or the Health Claims Ordinance, the limitations of which have often not yet been conclusively clarified.
Food Law Goals:
The food legislation should:
Food Law: legal advice and representation
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Legal review, recommendation for changes or support in the preparation of food labelling, including labels, outer packaging, advertising (in all media, including radio and television), in particular in connection with advertising statements, brands, sales descriptions, nutritional and health claims, health claims.
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Preparation of contracts, supply and manufacturing agreements, license or franchising agreements, cooperation agreements up to general terms and conditions.
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Legal examination of the composition and the production process of foodstuffs with the typical focal areas, ingredients, additives, flavours and enzymes.
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Marketability assessment of functional food, dietetics, dietary supplements or novel foods
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Advice and representation vis-à-vis food authorities, supervisory authorities and criminal proceedings.
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Complaint management (both towards consumers and towards authorities, including recall checks), compliance and quality assurance
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Media and press law, competition law, antitrust law and intellectual property law (trademarks, designs, patents, copyrights & licenses) with industry-specific characteristics.
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Advice in connection with food supplements/substances
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Inspection of the packaging (especially textual/pictorial);
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Advice in connection with food and drug advertising;
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Advice, protection and defence of geographical indications and trademarks;
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Advice and representation in licensing applications/exceptions;