Yum Foods plc is a company located in the United Kingdom. They produce a range of foods and export them to other countries in the European Union. However certain problems have arisen in relation to the trading of their products:
- Yum Foods produce the Yum Burger (a beef burger). However the German authorities state that it does not comply with German food standards which require meat products such as burgers to have 80% meat (Yum burger has only 60% meat content). They also stated that the packaging does not comply with German food packaging requirements.
- Yum also produce a pie called the “Yum Yorkshire Pie” which they state is based on a traditional Yorkshire recipe. France have refused the importation of this item, saying it does not comply with the French requirement of a certificate of origin to authenticate that it was made in the UK. Later, France refused importation of all Yum products, saying that they posed health risks as identified by the French health experts.
- Yum have launched some advertising campaigns to promote their products in EU countries, but have a problem with their campaign in Sweden. The authorities there require traders to state any health risks with the product in a particular stated format in any adverts. They have stated Yum’s adverts do not comply with this requirement and therefore Yum have not been allowed to advertise their products in Sweden.
Critically discuss how EU law on the free movement of goods (as applied by Articles 34 and 36 TFEU and relevant case law) can be applied to the above events and advise Yum Foods on whether the restrictions they have encountered are likely to be in breach of EU Law.