13 Eur. L. Rep. 1 (2009)

handle is hein.journals/eurlawreo13 and id is 1 raw text is: [20091 EuLR

A          R (INFANT AND DIETETICS FOODS
ASSOCIATION LTD) v (1) SECRETARY OF
STATE FOR HEALTH (2) WELSH MINISTERS
High Court (Administrative Court)
Mitting J
29 February 2008
B                                                  [2008] EWHC 575 (Admin)
Food labelling - Challenge by trade association representing manufacturers
of infantformula andfollow-on formula to regulations governing labelling of such
formula - Application for judicial review - Validity of regulations - Whether
word products concerned solely with infant formula or also governed packaging
and labelling - Infant Formula and Follow-on Formula (England) Regulations
C              2007- Council Directive 20061141/EC, Arts 13-14, 18
Facts
The Infant and Dietetics Foods Association Ltd, a trade association
representing the manufacturers of infant formula and follow-on formula,
D   applied forjudicial review of part of the Infant Formula and Follow-on Formula
(England) Regulations 2007 (the 2007 Regulations). The 2007 Regulations
incorporated Council Directive 2006/141/EC (the 2006 Directive) into English
law and (save for the purpose of revoking predecessor regulations) was to come
into effect on 11 January 2008. The 2006 Directive recast and the 2007
Regulations revoked earlier provisions dealing with the same matters.
These proceedings were concerned with Art. 18 of the 2006 Directive dealing
with implementation, and specifically the reference in the second indent to the
E   prohibition with effect from 31 December 2009 [of] trade in products which do
not comply with this Directive.
The Secretary of State for Health contended that, although in an appropriate
context the word products could include packaging and labelling, it did not in
the context of the 2006 Directive have this wider meaning, and was not in fact
capable of such a construction within this context.
F
Held
1. The critical question of construction to be determined was what Art. 18 of the
2006 Directive meant by products. See post p. 11 F.
2. Whilst, in respect of the first indent, the English text could be read as referring
to trade in products rather than trade in products, the second indent and
G

C 2009 Hart Publishing Ltd.
CCC 1091-3297/09/010001-13

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