Food Law
- Assistance with inspections and interrogations (FASFC)
- Nutritional supplements
- Objection procedures
- Health claims
- Intellectual Property
Food Law
Food Law is a specialised field in which Bannister's lawyers have become proficient.
Regulations relating to food, dietary supplements and food safety are extensive and complex. We closely monitor food legislation and help our clients comply with applicable standards and regulations.
Our expertise includes:
- Preparation for and assistance during inspections or interrogations by the Federal Food Agency (FASFC). It is crucial to participate well prepared and to know your rights and obligations. We are at your side.
- Filing objections to orders to close or withdraw admission/approval. Strict regulations and short deadlines require quick and targeted action.
- Advice on the complex regulations surrounding food supplements, regardless of origin. We guide you to market your products in compliance with regulations.
- Guidance on formulating health claims so that your marketing messages comply with regulations and consumers receive clear information.
- Protection of your trademarks, patents, recipes and other intellectual property rights within the food industry.
At Bannister, we understand that the world of food, dietary supplements and hospitality can be complex. We are here to support you with clear legal advice. As specialised lawyers in Food Law, we stand side by side with your restaurant, food shop, manufacturing company or other actor in the food sector.
How do we proceed?
Frequently asked questions
Yes. Not every FASFC report or official report automatically results in a fine or measure, but it can have serious consequences. It is important to have a timely check whether the findings are correct and legal, and whether there is room for defence or consultation with the Federal Agency for Food Safety. We will analyse the file and guide you in any objection procedure.
Yes, in the case of serious or repeated infringements, the FASFC may decide on a temporary closure. We consider whether that measure is legally justified, whether there is a possibility of appeal and how you can reopen as soon as possible.
Food supplements are subject to strict regulations, especially when it comes to health claims. A false statement on the packaging, on your website or on your Instagram or facebook can lead to warnings or penalties.
Not every determination requires immediate action, but some do. We help you assess what is legally required, what is negotiable and how to protect your rights as an operator.
Yes, but only under clear conditions. We check whether the fine imposed is justified, and how you can object to it or formulate an appropriate response.
Yes, in principle, producers must provide scientific evidence for the claims they make about the health benefits of their products. Claims must comply with European Food Safety Authority (EFSA) regulations and must not be misleading.
Claims about weight loss or muscle growth must be scientifically substantiated and must not be misleading. EU regulations require claims to be supported by evidence from the European Food Safety Authority (EFSA).
If a food supplement does not comply with Belgian or European regulations, the authority can take the product off the market, impose a fine, or ban its sale. It can also lead to reputational damage for the company.
No, you are not allowed to make medical claims such as "cures diseases" or "treats conditions". Dietary supplements are not medicines and may only claim general health benefits, without suggesting that they can treat or cure diseases. Unjustified claims can have legal consequences.
You must not make unsubstantiated or misleading health claims about your dietary supplements on Instagram. Claims suggesting that a supplement can cure, treat or prevent diseases are basically forbidden. This also applies to posts from influencers you may employ: they must also follow these rules to avoid having your account or ads removed.
If the FASFC imposes a recall that you feel is not justified, you can formulate the decision and make your position known to the competent authorities. It is crucial to provide well-founded evidence that the product does not pose a health risk. We can advise you on the right approach, gathering evidence and protecting your legal interests in this process.
