Stiftung Warentest remains barred from claiming to have proven that Ritter SPORT used chemically synthesised flavouring in its Whole Hazelnuts chocolate. It was also banned from labelling the list of ingredients as “deficient”. In its ruling, the Munich Higher Regional dismissed the appeal brought by Stiftung Warentest against an injunction awarded by the Munich I District Court. The decision is not appealable.
In a test report published in late November 2013, Stiftung Warentest found Ritter SPORT’s Whole Hazelnuts chocolate to be “deficient” on account of the allegedly misleading designation “natural flavouring” made in the list of ingredients. Stiftung Warentest claimed the flavouring agent piperonal was misdeclared. In the list of ingredients of Ritter SPORT’s Whole Hazelnuts chocolate, it was allegedly falsely described as natural flavouring, despite - according to Stiftung Warentest - having been chemically synthesised. Ritter SPORT had rejected this claim, arguing that only naturally derived piperonal is used.
Gleiss Lutz then obtained an injunction from the Munich I District Court on 28 November 2013, which was confirmed by the Court on 13 January 2014. In the appeal proceedings the Court agreed with the arguments put forward by Gleiss Lutz, criticising in particular that Stiftung Warentest had so far failed to substantiate its claim of having detected the chemically synthesised substance piperonal. This concludes the injunction proceedings. Ritter SPORT will now consider whether to proceed with an action on the merits, which could also be used to assert claims for damages.
Ritter Sport was represented by Dr. Andreas Wehlau (partner) and Dr. Björn Kalbfus (both IP, Munich).
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