Energy & Vodka the illegal product name

Vodka mixed drink is not allowed with the term „Energy“ advertise

11/08/2012

Vodka-Energy is a popular term among revelers for mixed drinks made of vodka and a so-called energy drink. But the name is inadmissible because the consumer is suggested, „the consumption of the drink gives it energy, strength, energy and performance“, so the current verdict of the Higher Regional Court (OLG) Hamm.

The defendant company is no longer allowed to use its product under the name „Energy & Vodka“ distribute, decided the judges of the OLG Hamm. According to the court, an association involved in complying with food and competition law in the spirits industry has filed a lawsuit against the misleading product name. The club demanded „from the defendant, which distributes, inter alia, alcoholic beverages, refrain from omitting too much a quarter of vodka and, incidentally, a caffeine-containing soft drink containing 10% by volume of alcohol called Energy & Vodka to distribute or promote.“

designation „Energy & Vodka“ forbidden
After the Landesgericht Paderborn had not followed the plaintiff in first instance, the OLG Hamm has now decided in its decision in favor of the association and the name „Energy & Vodka“ prohibited. The mixed drink with ten percent alcohol by volume must therefore no longer be offered under this name. The 4th Civil Senate of the Higher Regional Court of Hamm justified its decision with the requirements of the EC Regulation on Nutrition and Health Claims on Food and Beverages. These „Regulation serves to protect the consumer“ and clearly state that „Drinks with an alcohol content of more than 1.2% alcohol by volume should not carry any nutritional information“ according to the OLG Hamm.

Illegal nutrition claim in the vodka mixed drink
According to the judge, the term is „Energy“ such a nutrition claim, which is by no means permitted in the case of alcoholic beverages of which almost one-quarter is vodka. Here, the consumer is given the impression that the consumption of the drink increases its capacity. Illegally, the mixed drink as „functional food that has positive nutritional properties“, the judges justified their decision. The term „Energy“ was an independent meaning that not only the nature or an ingredient of the drink designate, so the judgment of the 4th Civil Senate of the Higher Regional Court Hamm of 10 July 2012 (I-4 U 38/12). It remains to be seen what consequences the decision on the drinks menu in the pubs and discotheques will have. (Fp)

Also read:
Consumer Center: Beware of energy drinks
Warning of high-dose energy drinks
Energy drinks can stress the heart and circulation

Picture credits: I. Rasche