German Tea

The higher regional court had a legal dispute to decide a new soft drink. It was a sparkling tea”called a new product which is according to heightens variety tea extracts, carbonated water, flavors and other ingredients. The company applied the product with the slogan”the tea with Zzischh. A tea manufacturer contends, will giving the incorrect impression that the beverage is based not only on tea extracts, but brewed tea in the meaning of the guidelines of the German food book. The Court rejected the claim.

Contrary to the view represented by the applicant, the assessment has Court rather than primarily on the German food book ( 15 LFGB) to orient the guidelines for tea, tea-like products, which extracts and preparations by the 02.12.1998 (Annex K 4). The principles there laid down like expert description of the significant for the marketability of manufacture, nature and other characteristics of food under circumstances appropriate existing or in the future to emerging consumer expectations can suggest, but not binding norms or in any case reliable images of current consumer understanding. “” “In addition, that the guidelines for tea, where in Germany for a long time under the name Rooibos” or Rooibos tea “well-known tea-like beverage not incidentally is mentioned according to the supplied hint of asterisk beverages, which indicate in the designation or presentation of tea (E.g. ice tea),” just don’t take into account and on the dispute crucial issue whether an designation indicative on tea and presentation of beverages addressed consumer awakens inaccurate expectations, therefore nothing can help. While attacked featuring of the product relevant mislead of addressed consumer as a result is, according to the Court. The different varieties of sparkling are not disputed “” Tea”produced but not like this, that the grade black tea” fermented in the variety of green tea “unfermentierte leaves, leaf buds and tender stalks of the tea Bush Camellia sinensis L.O..

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