Currently, cease and desist letters, which is claimed, a food is an unapproved novel foods are piling up. “So have recently paradise nut powder dishes” and Ling Zhi mushroom spore “classified as unapproved novel foods. The term novel food”(novel foods) foods and food ingredients that were used before the 15.05.1997 in the EC not to any significant extent for human consumption and which fall under one of the following groups of products covered by article 1 Regulation (EC) No. 258/97 (novel food regulation):-food and food ingredients with a new or deliberately modified primary molecular structure; -Food and food ingredients which consist of micro-organisms, fungi or algae or have; been isolated from these -Food and food ingredients which consist of plants or have been isolated from plants and food ingredients isolated from animals, except for foods or food ingredients obtained by traditional propagating or breeding practices and the experience has shown that safe food be considered; -Food and food ingredients, in whose manufacture does not practice has been applied and where this procedure caused a significant change in their composition or structure of the foods or food ingredients which affect their nutritional value, their metabolism, or the quantity of undesirable substances in the food. Food, which under this novel food “term fall, may only be placed on the market if they have been approved up. Making is basically”a so-called authorisation procedures, which requires generally a decision of the European Commission. For certain novel foods which are substantially equivalent to existing foods, use can be made of a simplified procedure (so-called simplified notification procedure).
In this case, the applicant, a positive opinion by the competent national authority has provided, the To inform the European Commission of the placing on the market of novel foods. Especially for certain nutritional supplements and dietary foods (reported diets etc.), the date can represent 15.05.1997 a difficult hurdle, which can lead to an (unexpected) classification as novel foods what is usually the end of the marketing of such products because of the cumbersome and costly approval process. Meanwhile attackers know that”such as industrial associations or belligerent competitors. An early legal protection is more important.