Ebba Hoogenraad

Partner | Lawyer (Advocaat)

T +31 20 305 30 60
E eh@hoogenhaak.nl

Ebba is widely recognized for her expertise in high-stakes advertising and food law litigation. She advises on complex legal issues arising in advertising and marketing activities and has extensive experience handling regulatory disputes in the food and consumer product sectors. Ebba is frequently involved in groundbreaking cases related to labeling and food regulation, guiding clients through food law compliance and enforcement actions. She also assists with recalls of food and non-food products and provides strategic counsel in cases of enforcement by supervisory authorities, such as the Netherlands Food and Consumer Product Safety Authority (NVWA).

Ebba serves on the editorial board of the Dutch IP and advertising law journal (IER). She is a former chair and honorary member of the Netherlands Advertising Law Association and currently chairs the National Advertising Law Conference. Additionally, she is a former board member of the Benelux Trademark and Design Law Association and a former supervisory board member of World Press Photo.

What others say

Recent work

Advertising law

• Appeal proceedings before the Amsterdam Court of Appeal concerning allegedly misleading advertising by a major pharmaceutical company.

• Landmark appeal proceedings on behalf of a trade association concerning a novel food product featuring ‘free-from’ claims on its packaging and in advertising.

• Numerous proceedings before the Dutch Advertising Code Committee and the Board of Appeal concerning sustainability claims, misleading advertising, comparative advertising, taste and decency, alcohol advertising, advertising directed at children, and related matters.

• Representing Europe's largest supermarket chain in various disputes concerning comparative advertising, alleged misleading advertising and environmental claims.

• Advising companies on the implementation of the Empowering Consumers Directive (EmpCo), which introduces strict rules on sustainability claims.

• Drafting practical guidance on sustainability claims for a retailer.

• Advising on and conducting proceedings before the Dutch Advertising Code Committee concerning strict rules on marketing to children and the use of licensed media characters on food packaging.

• Providing legal advice to a wide range of national and international advertising agencies.

• Acting as a point of contact for international lawyers on Dutch advertising law.

• Representing a Dutch optical retail chain in a series of disputes with competitors concerning comparative advertising.

Food law

• Representing three clients in proceedings before the Court of Justice of the European Union in a landmark case concerning whether medicinal claims for food supplements and other food products can be subject to fines under the Dutch Medicines Act.

• Landmark administrative law proceedings concerning a ban imposed by the Netherlands Food and Consumer Product Safety Authority (NVWA) on the sale of a food product.

• Acting as regular legal counsel to several food manufacturers on labelling issues and the use of images on product packaging (including alcoholic beverages).

• Advising on and conducting proceedings in cases involving enforcement action by the NVWA.

• Conducting landmark appeal proceedings against the NVWA concerning health claims made online for food supplements.

• Managing product recalls for an international company following enforcement action by the NVWA.

• Advising on the ins and outs of placing melatonin products and CBD products on the market.

• Advising on novel food issues.

• Advising a major food company on the risk of misleading consumers through claims made on product labels.

• Advising Dutch and international companies on placing food supplements on the Dutch market (product names, composition requirements, labelling and health claims).

• Providing comprehensive legal guidance throughout the entire process of bringing a new cosmetic product to market.

• Acting as a point of contact for international lawyers on Dutch food, feed and non-food regulations.

• Advising on country-of-origin labelling requirements.

• Providing regulatory compliance advice on medical devices.

• Providing regulatory compliance advice on non-food products, including products used in the construction sector.