Consumer goods and food law in Germany

Grube · Pitzer · Konnertz-Häußler Rechtsanwälte

The founding members of renowned food law boutique KWG Rechtsanwälte went their separate ways in January 2022: Markus Grube, Alexander Pitzer and Christine Konnertz-Häußler as well as counsel Katrin Eckhoff now advise as Grube · Pitzer · Konnertz-Häußler Rechtsanwälte, while Gerd Weyland and Hanno Koerfer founded Weyland & Koerfer Rechtsanwälte.

Weyland & Koerfer Rechtsanwälte

The founding members of renowned food law boutique KWG Rechtsanwälte went their separate ways in January 2022: Gerd Weyland and Hanno Koerfer joined forces as Weyland & Koerfer Rechtsanwälte, while Markus Grube, Alexander Pitzer and Christine Konnertz-Häußler founded Grube · Pitzer · Konnertz-Häußler Rechtsanwälte.

Other key lawyers:

Gerd Weyland; Hanno Koerfer


KROHN Rechtsanwälte

National and international listed as well as start-up companies in the food sector call upon the longstanding expertise of Krohn Rechtsanwälte on all sector-relevant issues. The support ranges from product development and labeling to packaging, product launch and advertising, thus covering the entire product cycle, including related corporate, contract, distribution antitrust, employment and trademark law aspects. The team is also experienced in litigation and compliance and advises companies in the tobacco, cosmetics, pharmaceuticals, medical devices, biocides and chemicals sectors. Among the recent growth areas is the advice on matters regarding contamination with ethylene oxide/2-chloroethanol, while the practice also routinely covers product counterfeiting and green claims issues. A trio heads the team: Moritz Hagenmeyer, who specialises in health products, among other things, Carl von Jagow, (food law, tobacco products) and Tobias Teufer, who regularly leads in proceedings before the ECJ. Stefan Labesius, previously at Glawe Delfs Moll, joined the team in June 2022 and covers the interface to trademark, competition, patent and IT law.

Other key lawyers:

Stefan Labesius


Work highlights


  • Advising and representing a large international manufacturer of tobacco products in court on a new product segment of tobacco heaters for smokeless tobacco products. Successful defense against an official prohibition order.

  • Advising and representing a large international food manufacturer against product imitations by a competitor. After the ban on imitations was confirmed in the second instance, the team is conducting a claim for damages for the client with a value in dispute in the millions.

  • Advising and representing a large German producer of wine and spirits against product imitations by various competitors.

Meisterernst Rechtsanwälte

Meisterernst Rechtsanwälte is renowned for its comprehensive advice in the food and pharmaceutical industry, with clients’ representation in food, competition and public law disputes making up a considerable part of the client work; here, the team also frequently leads in ECJ proceedings. In the food sector, the advice covers product developments, including the permissibility of production processes, testing of material marketability and approval procedures, food labeling and green claims, labeling and advertising, as well as crisis management and product recalls. Dietary supplements, FSMP, cosmetics and chemicals are further key topics, where clients benefit from the expertise of food chemists and a nutritionist via scientific sister company RDA Scientific Consultants GmbH. Andreas Meisterernst advises on the entire cycle of a food product and is well versed in litigation, while Christian Ballke, who is also experienced in dispute resolution, focuses on the topics delimitation, material marketability, product advertising, IP and cosmetics law.

Practice head(s):

Andreas Meisterernst


Other key lawyers:

Christian Ballke


Key clients

Queisser


Milupa


Work highlights


  • Ongoing advice and representation of Queisser on all food law and pharmaceutical law matters. Ongoing representation before authorities and in court in the field of food monitoring and in competition law disputes.

  • Ongoing advice and representation of Milupa in connection with legal issues relating to infant and young child food as well as representation in competition law disputes.

  • Advice and representation of Edeka Südbayern in connection with official complaints in the field of food law as well as advice and forensic work in connection with § 40 Para. 1a LFGB, as well as representation in a competition law dispute.

cibus Rechtsanwälte

cibus Rechtsanwälte‘s ‘excellent industry knowledge’ is primarily requested by large companies as well as start-ups in the food sector, which regularly instruct the four-strong team on matters pertaining to food and feed law and animal by-products. The team also assists with administrative and sanction procedures, business site approvals, operating concepts, labeling checks, civil law issues as well as preventive and forensic compliance measures. While the group has extensive experience in animal products, the key contacts each offer further competencies: Clemens Comans is well versed in quality and labeling of vegan and vegetarian products as well as novel foods; Sascha Schigulski focuses on organic and additives law as well as complaint management; Manuel Immel is an experienced contact for feed law; and Christian Weigel frequently advises on beverage products.

Testimonials

Cibus is completely focused on all aspects of food law. This leads to an excellent knowledge of the industry .’

We work with all three partners – Comans, Schigulski and Weigel. All three are extremely pragmatic because they are not only legally familiar with their areas, but also always solve issues with the supervisory authorities in a solution-oriented manner.

‘Sascha Schigulski: He is quick and pragmatic in his way of working .’

Key clients

Fressnapf Holding / Fressnapf Tiernahrungs GmbH, Krefeld


Gothaer Allg.-Vers.-AG, Köln


Genossenschaft Deutscher Brunnen e.G.


PETCYCLE GmbH


domeierlegal

domeierlegal  'masters all aspects of food law' and thus supports German and international companies with in-depth expertise in the development, labelling, advertising and distribution of food products, as well as in crisis situations, product recalls and administrative, criminal, administrative offence and competition law disputes. Danja Domeier is frequently instructed by other law firms and focuses particularly on the beverage industry, as was recently demonstrated in administrative law proceedings regarding the admissibility of fortifying juices with vitamin D. She is also experienced in the healthy and novel food areas, where she recently assisted numerous new clients. Further capacities of the renowned lawyer are matters pertaining to animal feed, vegetarian and vegan food, beauty products and sustainability.

Practice head(s):

Danja Domeier


Testimonials

Quick and reliable competent legal advice on all questions relating to the placing on the market of foodstuffs .’

Dr Domeier: She is very easy to reach and gives prompt feedback on questions. She has mastered all aspects of food law and finds legally compliant and pragmatic solutions. She is able to explain the legal context in a way that is easy to understand, recognize the crucial points and communicate possible solutions.

Gerstberger Products & Law

Gerstberger Products & Law's comprehensive advice covers matters pertaining to food products and animal feed, cosmetics, tobacco products, biocides/chemicals as well as pharmaceuticals and medical devices. Ina Gerstberger assists national and international companies on contractual, competition and regulatory issues and is highly regarded in the market, particularly due to her expertise in novel foods and additives, product advertising as well as delimitation issues and competition proceedings. Recently, she increasingly advised on the marketing and launch of spirit products as well as recalls of ETO products.

Practice head(s):

Ina Gerstberger


Testimonials

Short, quick decision-making processes. Each mandate is looked after directly by an experienced lawyer in food and consumer goods law with enormous industry expertise, a very good network in Germany and abroad and professional excellence .’

‘Dr Ina Gerstberger: I appreciate her above all because of her enormous technical and practical knowledge. She is a real expert in the field of novel foods, additives and botanicals and is also known beyond the borders of Germany for her relevant expertise. But I have also had the pleasure of working successfully with her in the textiles, toys, foodstuffs, animal feed and cosmetics sectors. She works very carefully and precisely, but also efficiently. It should be emphasized that she is also a real talented copywriter and regularly provides clients with assistance in revising legally problematic advertising texts and not only tells them what is not possible, but also how it could be formulated with less legal risk .’

Ina Gerstberger: An outstanding lawyer, very interested and very experienced. Her practice perfectly combines food law and dispute resolution as well as communication with authorities.

Key clients

Federation for Nutritional Mushroom Distributors e.V.


Dr. Willmar Schwabe GmbH & Co KG


Work highlights


  • Ongoing advice to an international brand developer in the consumer goods and food sector on the marketability, labeling and advertising of dietary supplements, food contact materials, toys, personal protective equipment and cosmetics.

  • Legal opinion for a feed distributor in the context of an official dispute regarding the online sale of day-old chicks as feed with difficult questions from animal by-products law and cross-border issues.

  • Representing a distributor of medicinal mushrooms in administrative proceedings to ban the marketing of Coriolus versicolor as an alleged novel food.

CMS

CMS' interdisciplinary team offers combined expertise in food, contract, trademark, corporate, distribution and antitrust law, which is utilised by companies in the food industry as well as market participants in the tobacco and cosmetics sectors. In addition to numerous IP-related mandates, the practice is experienced in ESG matters and regularly advises on sustainability issues and CBD products. Contentious matters in the context of court proceedings and product recalls are also covered. Practice head Heike Blank advises on competition, pharmaceutical, food and cosmetics law and frequently leads in contentious proceedings, while counsel Susanne Pech specialises in advising on CBD, hemp and medicinal cannabis and Nikolas Gregor is well versed in food and tobacco law.

Practice head(s):

Heike Blank


Other key lawyers:

Nikolas Gregor; Susanne Pech


Testimonials

Very committed team, which always delivers time-critical work without any problems.’

‘Sometimes you have the feeling that you are the only client because you are being looked after so intensively .’

‘A well-coordinated team that has so far processed every case quickly and effectively.’

Key clients

Barilla Deutschland GmbH


Bitburger Braugruppe GmbH


Brown-Forman


Melitta Europa GmbH & Co. KG


Unilever Deutschland GmbH


Kaufland


Work highlights


  • Ongoing strategic advice to Unilever on competition law, food law and trademark law. Most recently, for example, representation in competition law disputes regarding the labeling and advertising of biocidal products.

  • Ongoing advice to Bitburger on all questions of food law: labelling, complaints, food safety and marketability of new products.

  • Ongoing advice to Barilla on food law and product marketing.

Gleiss Lutz

Gleiss Lutz primarily assists food and beverage manufacturers with food law issues and in procedures pertaining to advertising claims and product qualifications, but occasionally also advises retail companies on food law. The team, led by competition, food and trademark law specialist Andreas Wehlau, recently advised confectionery, spirits and dairy product manufacturers, among others, and is also experienced in tobacco product law and trademark law issues. Thanks to the firm's full-service structure, issues pertaining to product liability, transactions and antitrust law are also covered.

Practice head(s):

Andreas Wehlau


Testimonials

Dr Wehlau works very accurately and precisely .’

Work highlights


  • Advising a leading food retail company on strategically important food law issues, in particular on the amended prepackaging law.

  • Advising and representing an international spirits producer on the requirements of the EU spirits regulation.

  • Advising an Asian food manufacturer on the origin labeling of primary ingredients (foods based on Asian recipes that are produced in Europe).

Noerr

Noerr's well-known team comprehensively advises clients in the food and consumer goods industry, particularly due to its extensive product law expertise, which is regularly requested in the context of product recalls and liability disputes, as well as product marketability. The regulatory support is embedded in the firm's product liability and product compliance practice and also includes cosmetics, consumer products and products that come into contact with food. Specific food law issues are primarily handled by the Dresden team led by Evelyn Schulz, who is experienced in life sciences and food law and also heads the healthcare group since January 2022, while Arun Kapoor and Thomas Klindt in Munich primarily advise on food recalls and other product liability-related crisis situations.

Key clients

Procter & Gamble Germany


Deichmann SE


tonies GmbH


Lomotex GmbH


Tristel GmbH


SPRK Global


Käfer AG


Bahlsen


Swarowski


Geobra Brandstätter Stiftung & Co. KG


RICOSTA Schuhfabriken GmbH


Home Shopping Europe GmbH/HSE


Wanzl GmbH & Co. KG


Schoko Winterscheidt GmbH


McDonald’s


Work highlights


  • Representing Procter & Gamble before European food safety authorities regarding an official recall order.

  • Representing Deichmann before the highest state authority because of an illegal recall order.

  • Review of product range for HBI.

Arnecke Sibeth Dabelstein

Arnecke Sibeth Dabelstein advises national and international food and consumer goods manufacturers on various issues, including product development, the marketability of individual ingredients, labeling and delimitation issues as well as market entry, distribution, competition law proceedings and trademark matters. Practice head Thomas Körber is experienced in IP law and regularly advises on food supplements, novel foods, cleaning products, cosmetics and spirits.

Practice head(s):

Thomas Körber


Key clients

Big Hug Nutrition GmbH


Vitamin Well AB/ No Carbs Company AB / Barebells GmbH


The Very Good Food Company – The Very Good Butcher Company – The Very Good Cheese Company


B&S International B.V.


Stada Arzneimittel GmbH


Dr. Theiss Naturwaren GmbH / Allgäuer Latschenkiefer GmbH / Pasta Roma GmbH


Werner & Mertz GmbH and tana-Chemie GmbH


erdbär GmbH


Biohof May


tana-Chemie GmbH


Badgequo Deutschland GmbH und UK Ltd.


Hans Koeberle, Weissachmühle e.K./Marstall GmbH


HSH Chemie GmbH


Theo Sasse e.K. /Lagerkorn GmbH


Work highlights


  • Comprehensive and ongoing advice to Vitamin Well AB/ No Carbs Company AB on all questions relating to food and competition law.

  • Advising Big Hug Nutrition GmbH on fortified beverages from the product idea to market entry.

  • Extensive reviews and litigation for Werner&Mertz GmbH to differentiate between food and biocidal products.

Bird & Bird

Numerous German and international companies in the food, beverage, cosmetics and other consumer goods industries benefit from Bird & Bird 's extensive trademark law expertise and regularly instruct the team, led by Uwe Lüken, in contentious trademark and competition law procedures; the team also covers relevant matters pertaining to antitrust and corporate law. In the area of food law, the practice primarily assists with novel tobacco products and novel foods, including a particular focus on the use of cannabis products in the pharmaceutical and food industries. Niels Lutzhöft advises, among others, food, tobacco and cannabis manufacturers on regulatory issues, while Richard Dissmann primarily leads in trademark infringement and competition proceedings.

Practice head(s):

Uwe Lüken


Other key lawyers:

Niels Lutzhöft; Richard Dissmann


Key clients

Aphria Gruppe


Dexcom Deutschland GmbH


Dr. Loges + Co. GmbH


Fressnapf


HelloFresh


Inopha GmbH


Joh. Wilh. von Eicken


Katjes Fassin GmbH + Co. KG


LemonAid


Melitta Gruppe


Monster Energy


Nimbus Health GmbH


Northern Green Canada


Pfizer Inc.


Philip Morris GmbH und Philip Morris International (Brüssel)


Remexian Pharma GmbH


Schwarze & Schlichte (Three Sixty Vodka)


Work highlights


  • Comprehensive trademark law advice, representation in disputes and portfolio management (worldwide) for HelloFresh, most recently advice on the rebranding of the company.

  • Representation of Dr. Loges + Co. GmbH in various competition law disputes and in other matters.

  • Representing Philip Morris GmbH in legal proceedings before the administrative court in Braunschweig regarding the classification of the new tobacco product HEETS as a smokeless tobacco product.

GvW Graf von Westphalen

GvW Graf von Westphalen's Hamburg location focuses on advising clients from the food and animal feed industry, which is regularly demonstrated in supporting poultry farms and associations in relevant matters, among others. The team frequently advises on competition law issues with regard to the declaration and advertising of feed and beverage products as well as feed additives, health claims and novel foods, as well as on animal health law, animal welfare and contamination. The administrative lawyer and mediator Ronald Steiling and Carsten Bittner assist companies and associations with food and feed law issues and jointly head the practice, which also regularly leads in civil and administrative proceedings; Steiling is well versed in animal welfare law. The team also offers expertise in connection with seeds.

Practice head(s):

Carsten Bittner; Ronald Steiling


Testimonials

Dr Steilling is technically excellent and always available.

Key clients

Alnatura Produktions- und Handels GmbH


Harmsen Utescher

Hamburg-based Harmsen Utescher traditionally focuses on the food and consumer goods industry and offers in-depth experience in IP law, while the team also impresses with its expertise in food law. The practice, led by Rainer Kaase, primarily advises manufacturers and distributors in the food and beverage industries on food labeling and product development as well as health claims in connection with food supplements and CBD-based products and, most recently, fortifying foods with vitamin D. The team regularly leads in contentious proceedings and also covers tabacco law-related matters. John-Christian Plate focuses on pharmaceuticals and food, while Till Lampel primarily advises on competition and trademark law issues.

Key clients

Dovgan GmbH


Amecke GmbH & Co. KG


Newlat GmbH


Intersnack Group


Almdudler


Columbus Drinks


Jelenia Plast


GUNZ


Work highlights


  • Comprehensive advice on food law for ALMDUDLER-LIMONADE A.&S. Klein GmbH & Co. KG, currently on cooperations, for example in the field of confectionery and labeling for special bottle shapes; also advice on food law complaints.

  • Comprehensive advice and representation of Amecke GmbH & Co. KG in all food law matters for the entire product range, comprehensive representation in criminal proceedings as well as on safety issues; 2021 and 2022 increased to new product lines with new/innovative ingredients/ingredients; Conception and packaging design of innovative products and organic products; Advice and action towards authorities and the press on the topic of fortifying foods with vitamin D against the background of national law changes as well as advice on product liability issues.

  • Constant advice on food law to Dovgan, including the leading decision of the Higher Regional Court of Hamburg regarding caviar substitutes.

Hogan Lovells International LLP

Integrated into the global practice, Hogan Lovells International LLP's focuses on supporting food and consumer goods matters, including regulatory issues, product recalls and litigation. The team acts from Hamburg and Munich and primarily advises manufacturers. The core topics include novel food approvals, food supplements and food packaging. In addition to food law, the team advises on patent and distribution law matters, such as the restructuring of distribution systems. Thomas Salomon and Florian Unseld, who focuses on the consumer goods industry, jointly head the practice. Christiane Alpers specialises in regulatory and commercial law in connection with consumer goods and food; the latter made partner in January 2022.

Other key lawyers:

Christiane Alpers


Key clients

Moët Hennessy


Schwartauer Werke


LEGO


Lactalis


Work highlights


  • Ongoing comprehensive advice to Schwartauer Werke on product launches, recipes for new product concepts, requirements and regulatory limits for product communication as well as advice on relaunches, complaints from authorities and warnings under competition law.

King & Spalding LLP

Integrated into the firm's global food and beverage practice, King & Spalding LLP 's Frankfurt office, headed by Ulf Grundmann, primarily covers the interface between food law and public health, where the team frequently advises on pharmaceuticals and dietary supplements. In addition to EU-wide regulatory issues, the expertise also encompasses competition law disputes, issues of delimitation between pharmaceuticals and food products as well as health claim disputes. The team also assists with product launches and advises on packaging designs and trademark issues.

Practice head(s):

Ulf Grundmann


Key clients

Novartis


ratiopharm


SGF International e.V.


Eckes- Granini Group


GlaxoSmithKline Consumer Healthcare GmbH & Co. KG


biomo Group


Angelini Pharma Deutschland GmbH


Amy’s Kitchen


Gamers Only GmbH


Dr. Willmar Schwabe GmbH & Co.KG


Teva Deutschland GmbH


Teva Pharmaceuticals B.V.


Deutsche Homöopathie-Union DHU-Arzneimittel GmbH & Co. KG (DHU)


Chemische Fabrik Kreussler Co. GmbH


Dr. Kade Pharmazeutische Fabrik GmbH


VSM Geneesmiddelen B.V.


Truw Arzneimittel Gmb


Work highlights


  • Representing GSK Consumer Healthcare in competition law disputes regarding OTC products in connection with food, drug and medical device law.

  • Advising Amy’s Kitchen on food law within the EU and the US.

  • Advising the biomo Group on food law and regulatory issues and representation in competition law disputes.

KOZIANKA & WEIDNER Rechtsanwälte

KOZIANKA & WEIDNER Rechtsanwälte focuses on advising retailers and manufacturers on health-related foods, in particular food supplements and FSMP. The expertise of the team, led by Michael Weidner, covers the entire life cycle of a product, including advertising and competition law issues as well as litigation. Other core capacities include delimitation issues in connection with cosmetics, medical and pharmaceutical products.

Practice head(s):

Michael Weidner


Testimonials

The reliable availability of the team is a big plus in the sometimes hectic everyday business. The team is always highly motivated, technically well prepared and meets the client on an equal footing. Working together isn’t just about reaching a goal together or working out solutions together, it’s always a great pleasure .’

Michael Weidner convinces with his extensive experience in drug and food law and is always able to present the complex legal and economic contexts that need to be considered in competition law and in possible warning proceedings in a transparent manner and also for non-legal clients .’

Broad coverage. Development of practical solutions at reasonable fees.’