Food & Organic Trade

The Food & Bio industry is under a magnifying glass. Consumers are becoming more demanding and want to know where their food comes from. Good food contributes to good health, such as preventing obesity and diabetes. Companies are cleverly trying to capitalize on this by introducing concepts such as superfoods, Hello Fresh and other meal boxes and Buy a Cow. It is impossible to imagine supermarket shelves without healthy and sustainable products. However, these developments also bring legal challenges and result in a growth of regulations.

Consumer information

Consumers need to be well informed. Rules on the presentation of the product in advertisements, on packaging and on the website are therefore essential. For example, advertising may not be misleading and comparing one's own product with that of a competitor is only permitted under certain legal conditions. In addition, special rules apply to statements about nutritional values (such as "natural" or "low-fat") and health effects (such as "Vitamin C increases iron absorption").

Organic sector

Demand for organic products has also grown rapidly in recent decades. Even harder than of regular food products. Supermarkets continue to expand their range of organic products, and mainstream brands increasingly offer organic versions of their products. The organic sector faces increasing regulatory pressure. A new European Regulation on organic farming has been in the works since 2014 and is subject to intense criticism from the sector. The outcome is still uncertain.

With the growth of the organic sector, the supervision of organic products is also increasing and there are strict requirements for certification. To bear the name "organic," products must meet all legal requirements for organic production. Companies are certified by organic regulator Skal.

Supervision and enforcement

Organic companies face major challenges with contaminations of products. Contaminations of organic products must be reported to Skal. In 2016, Skal prepared a notification guide for this purpose, which has caused the necessary confusion within the sector. In particular, there is still much confusion about the question of when an obligation to report arises.

Skal can decide to block products and/or revoke certificates. It can also impose fines or withdraw a company's certification. This can have major consequences for your business operations, especially since contaminations of organic products and possible recalls of such products are usually not covered by insurance.

The Netherlands Food and Consumer Product Safety Authority (NVWA) oversees the regular food sector. It checks whether production and sale of food complies with food safety regulations, among other things. The NVWA can impose large fines or even shut down a business. Compliance with food safety legislation is therefore essential.

Our expertise

• Advising on advertising on packaging and in advertisements
• Advising on how to deal with a possible exceeding of an MRL value and notification to the NVWA and how to deal with a possible notification obligation to Skal with respect to products containing prohibited crop protection agents (below the MRL value)
• Advising on the implementation of a recall ordered by the NVWA
• Contesting decisions of regulators Skal and NVWA (fines, blockades, decertification)
• Holding foreign suppliers liable when supplying contaminated products
• Drawing up general delivery and purchasing conditions for importers of organic products

Naturally, we also regularly advise and litigate on other liability issues, contract law, (international) disputes, intellectual property law, competition law and company takeovers in the Food & Organic sector.

With us you are assured of professional support in the field of food & organic trade. Please contact our specialists to receive more information or to schedule an informal meeting.