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The Court of Justice of the European Union (CJEU) gives more clarity on the "on hold" claims in Case C-363/19.

Nov 02, 2020

The court clarifies in Case C-363/19 that the food business operator needs to be able to justify the claims it uses by means of generally accepted scientific evidence. Those claims must be based on objective evidence that is “scientifically substantiated by taking into account the totality of the available scientific data and by weighing the evidence.” Further, the court states that “it remains the national law which governs the questions about the burden of proof and standard of proof required.”

This means from this date, individual member states can use their own criteria, but it will always be up to the food business operator to collate the totality of the available scientific data without specific minimum criteria based on precedents.

For further information (in English), click on the Link

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