Vodka mixed drink may not advertise with the term "Energy"
Vodka-Energy is a common term among night owls for mixed drinks made from vodka and a so-called energy drink. However, the designation is not permitted, since it is suggested to the consumer that "the consumption of the drink gives him energy, strength, energy and performance", according to the current verdict of the Higher Regional Court (OLG) Hamm.
From now on, the defendant company may no longer sell its product under the name "Energy & Vodka", the judges of the OLG Hamm decided. According to the court's announcement, an association dealing with compliance with food law and competition law in the spirits industry had sued the misleading product name. The association demanded “from the defendant company, which sells alcoholic beverages, among other things, to refrain from using a mixture of 10 percent alcohol by volume consisting of vodka and a caffeinated soft drink Energy & Vodka to distribute or advertise. "
Name "Energy & Vodka" prohibited After the regional court of Paderborn had not followed the plaintiff in the first instance, the OLG Hamm decided in favor of the association and prohibited the name "Energy & Vodka". The mixed drink with ten percent alcohol by volume may therefore no longer be offered under this name. The 4th Civil Senate of the Higher Regional Court Hamm justified its decision with the requirements of the EC regulation on nutritional and health-related information on food and beverages. This “regulation serves to protect the consumer” and clearly states that “beverages with an alcohol content of more than 1.2 percent by volume of alcohol should in principle not contain any nutritional information,” according to the OLG Hamm announcement.
Inadmissible nutritional information on the mixed vodka drink According to the judges, the term "energy" is such a nutritional information that is in no way permissible for an alcoholic beverage, which consists of almost a quarter of vodka. Here the consumer is given the impression that the consumption of the drink increases his performance. The judge justified her decision, saying that the mixed drink was described as "functional food with positive nutritional properties". The term "energy" is an independent meaning that not only describes the nature or an ingredient of the drink, according to the judgment of the 4th civil senate of the Higher Regional Court of Hamm on July 10, 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)
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