Jul
22
Javimar mussel products. (Photo: Javimar)
Canning firm convicted for violating DOP on labels
SPAIN
Tuesday, July 21, 2015, 23:10 (GMT + 9)
The Commercial Court of Pontevedra, Galicia, convicted the company Alimentos Javimar for using terms related to the origin on the label of its canned mussels.
According to the court decision, by using the Protected Designation of Origin (PDO) Mejillón de Galicia (Galician Mussel) the firm is contravening European regulations.
Therefore, the Court has ordered the canning firm to stop using the terms “from Galician estuaries”, “made in Galicia” and “packaged in Galicia” and to withdraw all products and advertising material referring to them.
In addition, Javimar will have to indemnify the Mussel Regulating Council of Galicia with EUR 15,000 for damages.
Javimar’s defense attorney argued that the PDO protection only extends to the fresh products, but this position was not shared by the Court.
The Regulatory Council noted that the European Union (EU) regulation “is emphatic when establishing the protection of a registered brand, in this case Mejillon de Galicia (Galician Mussel) against any direct or indirect commercial use on products — in any type of commercial presentation — which are not covered by the PDO.
Furthermore, Javimar is not registered in the PDO registration so that its products can not make reference to Galicia on the label.
The Court ruling details that “it is essential to state that anyone not forming part of the PDO can not commercially show the product as coming from or linked to Galicia”.
The Court also determined that the irregular use of terms mentioning Galicia on canned products constitutes unfair competition, as it has repeatedly been denounced by the Regulatory Council.
The Chairperson of the Regulatory Council, Francisco Alcalde, welcomed the Court’s decision, believing that it represents a major step forward in protecting the PDO.
“The Secretary of Rural Environment and Marine Affairs and the Galician Institute of Consumption should change its attitude to this issue so that once and for all action must be taken to eradicate cases of irregularities on labeling of canned mussels,” he stressed.
Related article:
– Mussel sector advocates ‘clear and truthful’ canned product labelling
By Analia Murias
editorial@fis.com
www.fis.com
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