Big business loses court battle Toddler pudding does not promote a healthy growth of children

Frankfurt district court prohibits advertising on Nestle packaging
(Jur). Nestle is no longer allowed to promote his infant and toddler pudding "Alete MilchMinis Schoko" by saying he is good for the bones. The unilateral statements violate EU law, as the District Court of Frankfurt am Main ruled in a ruling issued on Monday, March 14, 2016, by the German Consumer Federation (vzbv) (Ref .: 2-06 O 337/15).
The pudding is intended for babies and toddlers between eight months and three years according to the manufacturer. On the packaging, Nestle advertises that a cup covers 23 percent of its daily requirement of calcium, magnesium and zinc - "for strong bones and healthy growth". On the back it says: "Calcium and magnesium are important for strong bones, zinc promotes healthy growth". The vzbv sued Nestle for omission. These are inadmissible health-related statements.

Nestle loses trial. Image: Oksana Kuzmina - fotolia

The Frankfurt district court has now followed suit. The advertising can only be understood by consumers in such a way that the consumption of the product supports "strong bones" and "healthy growth". However, according to general statements, zinc has not been allowed so far, and calcium has only been allowed for children from the age of three.

Nestle can not rely on transitional provisions. Thereafter, health claims can continue to be used for the time being if they have been used previously and an application for inclusion in the EU list of permitted health promotion is in progress. Here, however, Nestle did not explain which company and for which product the statements had already been used previously.

In addition, on the packaging lack of movement and a balanced diet. Such a reference is in health-related advertising even for infants from eight months useful and necessary, emphasized the Frankfurt judges in their judgment of 10 February 2016. (mwo / fle)