The Infant and Dietetics Foods Association Ltd., R (on the application of) v The Welsh Ministers

The Infant and Dietetics Foods Association Ltd., R (on the application of) v The Welsh Ministers

The prohibition on trade in products which do not comply with the labelling provisions of the Directive only comes into effect on 31 December 2009. The 2007 Regulations did not accurately transpose the requirements of Article 18, as they imposed the prohibition prematurely.

Parties
Claimant: The Infant and Dietetics Foods Association Ltd; First Defendant: Secretary of State for Health; Second Defendant: Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
29 February 2008
Procedural Posture
Judicial Review / Judgment After Rolled Up Hearing
Outcome
Declaration granted; stay lifted; costs to claimant; permission to appeal granted
Legal Topics
Implementation of EU Directives, Labelling Requirements, Infant Formula Regulations
Administrative Law European Union Law Food Law Implementation of EU Directives Labelling Requirements Infant Formula Regulations

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Parties

The Infant and Dietetics Foods Association Ltd

Claimant

Secretary of State for Health

First Defendant

Welsh Ministers

Second Defendant

Procedural Posture

Judicial Review / Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the 2007 Regulations lawfully transpose the labelling requirements of Commission Directive 2006/141/EC into English and Welsh law
  2. 2 Interpretation of 'products' in Article 18 of the Directive and its application to labelling provisions

Ratio Decidendi

The prohibition on trade in products which do not comply with the labelling provisions of the Directive only comes into effect on 31 December 2009. The 2007 Regulations did not accurately transpose the requirements of Article 18, as they imposed the prohibition prematurely.

Court Disposition

Declaration granted; stay lifted; costs to claimant; permission to appeal granted

Orders

  • Declaration that the 2007 Regulations do not accurately transpose Article 18 of Directive 2006/141/EC as regards labelling requirements
  • Stay on implementation lifted with immediate effect