Food Law

From Idea to Product: Legal Advice in Food Law from SBS LEGAL Attorneys

Food law is a complex and wide-ranging area of law. It governs the quality, safety, and labeling of food products.

A unique aspect of food law is its intersection with many branches of law, including civil, public, and criminal law. Many regulations also stem from European Union legislation.

Few attorneys specialize deeply in food law. Since there is no official legal title of “specialist attorney for food law” in Germany, experienced legal professionals in this field often also hold certifications in administrative law and/or intellectual property law. At SBS LEGAL, we offer comprehensive legal advice from product development to marketing and labeling across all food product categories. Food law also overlaps significantly with cosmetics law, supplement law, and competition law.

Our Expertise in Food Law

• Compliance with the General Food Law Regulation, the Food Information Regulation (FIR), and the Health Claims Regulation (HCVO)
• Legal requirements for ingredient use – especially regarding novel food
• Development of legally compliant marketing concepts
• Legally secure product presentation in distance selling (e-commerce)
• Implementation of distribution-specific requirements under food law
• Representation in administrative, competition, and fine proceedings

Regulatory Framework – Laws & Directives

Regulatory scrutiny in food law has increased significantly in recent years. As part of our advisory work, we first assess the relevant regulatory framework for our clients’ products to ensure they can focus creatively and compliantly on bringing their food products to market.

We clarify classification questions – is your product considered a foodstuff, a medicinal product, or perhaps a cosmetic? We also assess whether specific ingredients and substances are legally approved for food use, and whether maximum quantity limits or special usage conditions (e.g. for novel foods) apply.

The use of certain additives and novel food ingredients requires legal oversight. We provide clear risk assessments and suggest actionable alternatives where appropriate.

We are thoroughly familiar with major EU legal instruments such as the General Food Law Regulation, the FIR, and the HCVO, as well as specialized legislation for specific product categories.

Our legal assessments and marketability opinions provide clarity and compliance security for your product concept.

Distribution-Specific Aspects of Food Law

In food law, distribution plays a key role. Efficient and legally secure distribution is essential in the food trade.

SBS LEGAL has deep experience in commercial and direct sales law, one of our core competencies for years. This expertise benefits our clients directly in the food law sector.

Smooth delivery logistics require knowledge of regulatory environments and protective contractual frameworks. We ensure that our clients implement food law distribution requirements with legal certainty. This includes practical compliance with food safety obligations and proper online product presentation.

Legally Compliant Advertising Concepts for Food Products

Food advertising is strictly regulated. This is especially true for dietary supplements and certain botanical ingredients ("botanicals"), where marketing claims often exceed legal limits.

The Health Claims Regulation (HCVO) and the Food Information Regulation (FIR) define tight legal boundaries, making it easy to inadvertently violate regulations. Correct food labeling and accurate ingredient disclosures are essential.

As specialized food law attorneys, we help develop creative, sustainable, and legally compliant marketing concepts, which we also safeguard with our expertise in intellectual property law, such as trademarks.

Legal Proceedings in Food Law

We regularly represent clients before regulatory and supervisory authorities, and when necessary, in all stages of administrative court proceedings.

Many legal disputes in food law occur between competing food businesses – placing them in the realm of competition law. As experts and certified attorneys in intellectual property and unfair competition law, we are highly familiar with the procedural nuances of such cases.

We defend your product concepts and act decisively against unfair competitive practices.

We’re also your reliable partner in reputation management. If you're facing related legal issues, don’t hesitate to contact us.

SBS LEGAL – Your Food Law Attorney

Food law sits at the intersection of consumer protection and commercial law. As certified attorneys in intellectual property and commercial law, we are your trusted contact for all food law matters.

Whether you're looking to register a trademark, introduce a new product to the EU market, or draft legally secure commercial contracts, we help ensure compliance from the earliest stages of planning.

The complexity of food law requires real expertise – whether it’s labeling requirements, additive regulations, or food allergen disclosures. SBS LEGAL from Hamburg offers you the legal knowledge you need.

Have Questions About Food Law?

Don’t hesitate to contact us.

Your initial consultation with SBS LEGAL is always free of charge.