Cyriel Ruers and Mats Reijman successfully assisted a supplier of food supplements following a recall and seizure order imposed by the Dutch Food and Consumer Product Safety Authority (NVWA). The NVWA demanded that the supplier withdraw a batch of food products from the market within four hours and inform its customers. In addition, the batch was taken into official custody by the NVWA, as a result of which it could no longer be traded.
Based on information from a foreign authority, the NVWA believed that the batch in question did not comply with the legal requirements for foodstuffs as referred to in Regulation 178/2002. The supplier of food supplements demonstrated in its objection – based on test results from various external laboratories – that the products did comply with food safety requirements. On this basis, the supplier argued that there was no obligation to carry out a recall. Furthermore, there were no grounds for official seizure.
The NVWA quickly withdrew the obligation to carry out a recall following a reasoned defence by the supplier. Subsequently, the NVWA also lifted the seizure of the batch in response to the objection and confirmed that it could be sold again.
Maverick Advocaten regularly assists food companies in proceedings against the NVWA. See here, here and here. For 10 tips for a company visit or raid by the NVWA, see this blog. For 10 tips for a company visit or raid by the Quality Control Authority (COKZ), see this blog. For practical tips on food recalls, see this blog.
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