Food law is often described as one area of law, which has been subject to the highest degree of EU wide decision. Nonetheless, Food Business Operators (FBOs) will often experience that the competent authorities of the Member States subject the same EU provisions to very different interpretations. In 2014, food law experts from 15 EU member states joined forces with the purpose of contributing to a comparative food law analysis.  

Although the labelling and presentation of foodstuffs has seen an increasing degree of harmonization in recent years, the provisions of EU law are often subject to 28 different interpretations. As an example, certain member states have chosen to ban certain substances in foodstuffs. An illustrative example is “glucosamine”, which may be freely marketed as a food ingredient in various EU member states, but is prohibited as a food ingredient in Denmark. Furthermore, the standard of what is considered “misleading” is very different among the member states.

“Advertising Food in Europe – a comparative law analysis” provides a comprehensive comparison of the varying interpretations of the EU food law provisions in the national legal systems, and may serve as a useful work of reference for professional engaged in the area of food law. Horten’s food law team,  partner Martin Dræbye Gantzhorn and attorney Christian Marquard Svane, have authored the “Danish” chapter.