Yesterday, the German Federal Court of Justice (Bundesgerichtshof –BGH) pronounced the sentence in the case of “ENERGY & VODKA”.

The claimant, the trade protection association of the German liquor industry (Schutzverband Deutscher Spirituosenindustrie e.V.) went to court against a distributor of an alcohol-mix drink consisting of 26,7 % vodka and 73,3 % of an energy drink with a total alcohol content of 10 %.
After the claim was rejected in first instance, the court of appeal decided that the designation “ENERGY & VODKA” suggested certain beneficial, stimulating nutritional properties and therefore violated article 4 (3) Regulation 1924/2006 (Regulation on nutrition and health claims).
According to the BGH’s press release, it does not consider “ENERGY & VODKA” as a claim in the meaning of article 2 of the Regulation. It states that "ENERGY & VODKA" is only a name which does not suggest or imply any specific property other than properties which are typical for this type of product.
In the case at hand, the list of ingredients as well as further information on the product itself informs the customer that the product is a premixed alcoholic beverage containing vodka and an energy drink.

Moreover, the BGH decided, that the designation of the premixed alcoholic beverage with an alcohol content of 10 % as “ENERGY & VODKA” was not a violation of Regulation 110/2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks. Although the alcoholic strength by volume has to be at least 37,5 % in order for a beverage to be called vodka, it is not prohibited that an energy drink mixed with vodka contains the term“vodka” in its name.

For our German-speaking readers, the BGH press release is available here .

This guest post was drafted by Caroline von Nussbaum who is also the author of the picture featured in this article- thank you Caroline!