Packaging-Related Measures for Alcohol and Unhealthy Food and Their Impact on Trademarks – The Perspective of Article 17(2) CFRE

Abstract

Many packaging-related measures are discussed or even applied yet to prevent or reduce the excessive consumption of alcoholic drinks or food regarded as unhealthy because of high amounts of fat, saturated fatty acids, sugar or salt. Model for them are measures partially regulated for tobacco products like, e.g., health warnings or plain packaging. They have an impact on the value and usability of trademarks. The authors examine the compatibility of such measures for foodstuffs with the right to (intellectual) property of Art 17 CFRE.

Keywords: Public Health, Constitutional Law, European Law, Property Law, Human Rights, Investment Arbitration, Litigation, Dispute Resolution, Alcohol Control, HFSS, Expropriation, Intellectual Property