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No Right of Use for “Detox-Tea” Decides Asa

放大字体  缩小字体 Date:01 Jun 2018  Source:FOOD COMPLIANCE INTERNATIONAL  Writer:Global Foodmate  Views:71

An online seller using the name “detox tea“ claimed that it had obtained the right to continue using the denomination for its product due to sale of the concerned product before 2005. Generally “detox” is considered a general, non-specific benefit to health must be accompanied, an authorised health claim bearing relevance to the used term. However, article 28(2) of the Nutrition and Health Claims Regulation (Regulation 1924/2006) provides for an exception of trade mark or brand names that existed before 1 January 2005. Such terms may continue to be used until 19 January 2022 without having to comply with the Claims Regulation. Although proof was provided showing the use of the name in 2004, ASA considered that evidence was insufficient to establish goodwill in the mind of the purchasing public by association with the trade mark or brand name “Detox” before 1 January 2005. In the view of ASA the name could not be used without being accompanied by a permitted claim.

ASA Ruling on Pukka Herbs Ltd
(16 May 2018) - link


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