Stiftung Warentest loses process to flavorings to chocolate manufacturer Ritter Sport
Stiftung Warentest loses to process flavorings to chocolate manufacturer Ritter Sport
By Michael Gassmann
Stiftung Warentest must first time after decades suffered serious legal defeat. In chocolate Ritter Sport dispute against the Higher Regional Court of Munich yesterday rejected the appeal back to the Foundation against the judgment of the first instance. In the Court of Appeal decision, the presiding judge Eva Spangler ordered, among other things, the product testers should not spread further, the walnut chocolate should not have been sold because of misleading the assertion.
The chocolate company responded facilitated. “The decision is right,” said company lawyer Thomas Seeger. “Even Stiftung Warentest must not set arbitrary assertions in the world that have no basis.” In the review, the Foundation had stated that it had “detected chemically produced flavoring piperonal” in grade “Ritter Sport Whole Hazelnuts” the. This claim they have still not occupied, Seeger said. An appeal against the decision before the Federal Court was not possible, said the Court of Appeal with.
The procedure for the preliminary injunction is finished. However, there could be a second method in the main, in which the core question needs to be clarified whether the controversial flavoring by the standards of the relevant EU Directive is to be classified as natural or not. Do not like to give in the tester. “So far, the company Alfred Ritter and flavors supplier Symrise AG wooden Minden, the actual production process of the flavoring piperonal not disclosed in essential points,” they said. Clear is merely that Symrise piperonal in turn refer themselves via a third party. “Moreover, where, by whom and how it was manufactured, contradictory statements were made,” says the foundation laid.
Even knights can still dispute the continue to drive – with an action for damages. “For false statements of fact, a compensation can be claimed as a rule,” said the Lebensmittelrechtler Ansgar Kluge of the firm Horak Lawyers in Hanover. Whether it comes to leaving a spokeswoman for Knights initially open.
Also for the product testers is what the dispute about more than Whole Hazelnuts panels and flavoring agents. The Swabian family company is on the verge of the grind to be impregnable fortress applicable legal Stiftung Warentest – and so is their livelihood in question. Supported by a huge consumer confidence in the test results, the Berlin Foundation has been an extremely strong position. Most companies waive after negative test results from the outset to legal action. In year 2000 products tested the lawyers of the Foundation must only carry four to five processes. For great is the fear of the company with embarrassment and negative publicity.
In addition, the Bundesgerichtshof (BGH) had strengthened the legal position of the Foundation in 1975 massively with a landmark judgment . At that time it was about bindings. After the verdict, the test method must be accurate and “objective”. The latter is by authoritative legal opinion to understand so that even the “attempts at objectivity” is sufficient. The following reviews from the tests are covered by common opinion of the Courts of the freedom of expression. Almost 40 years later, for the first time suggests a U-turn. In the Knights battle already had the first instance, the Landgericht München, explains, of a fair Warentest could be no question. “The test result was based on only one fact to strict interpretation of the EU-flavor-regulation”, it said. The tester had a “Poor” missed the variety “Ritter Whole Hazelnuts” on the grounds that the piperonal was mistakenly not declared as artificial sweetener. Since this is misleading, the panels would not have to be sold.
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