Südwestrundfunk v. The JuicePlus+ Company Europe GmbH

Bird & Bird LLP has successfully advised The JuicePlus+ Company Europe GmbH against false factual allegations by Südwestrundfunk about fruit, vegetable and berry capsules.

In three preliminary injunctions against Südwestrundfunk and Saarländischer Rundfunk, the Press Chamber of the Hamburg Regional Court prohibited all three allegations made by SWR about JuicePlus+ products. The broadcaster recently withdrew an objection raised in May and recognised all the interim injunctions issued in full as final and legally binding.

The Court determined that the products “do not have elevated pesticide levels” (case no. 324 O 61/20) and “that the recommended amount of folic acid, which may be consumed on a daily basis, is not exceeded by consuming the capsules” (case no. 324 O 58/20). Finally, the vitamin values indicated on the label do not differ from the values actually contained (case no. 16/20).

JuicePlus+ had not been given a sufficient opportunity to comment on vitamin analysis and related quality assurance measures prior to the broadcast. SWR had sent questions to JuicePlus+. However, these questions did not address the allegedly incorrect vitamin information on the label. However, the principles of journalistic due diligence (duties of care) require that the person concerned be asked about the specific allegations before reporting.

JuicePlus+ was represented by the following Bird & Bird attorneys: Partner Dr. Niels Lutzhöft (Picture), LL.M. and Associate Dr. Simon Hembt both Commercial/Media Law, Frankfurt am Main and Partner Dr. Sebastian Höpfner, Patent Attorney, Munich.

Involved fees earner: Simon Hembt – Bird & Bird; Sebastian Höpfner – Bird & Bird; Niels Lutzhöft – Bird & Bird;

Law Firms: Bird & Bird;

Clients: The JuicePlus+ Company Europe GmbH;

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