19 Jun '23
A company's message and a product's story. That's what Willem Leppink, partner at Ploum, deals with as an intellectual property and marketing specialist within the food sector team.
"In our practice, things are about branding and marketing. What do products look like and what does it say on the packaging? Often it has to do with certain claims that you can or cannot make. Is a claim like, 'now 20% less fat' or a term like 'cholesterol-lowering' correct? I help clients with complaints filed by consumers or by competing companies."
"When a complaint comes in, we investigate it and, if necessary, conduct the defence for the company. We also pre-emptively check with companies to see if the messages and labels they communicate are correct, in order to avoid litigation. To verify a message or claim about a product, I need to know if the story is true. It is often quite an art to find out how everything works in the production and supply chain, especially since many ingredients come from the other side of the world. Within our multidisciplinary food team, everyone operates from their own area of expertise, which allows us to map out how things work together very well."
"Extracting the complete story about the production process is an art”
"Sustainability is a hot topic in the food sector. For example, if a company claims a product is made with 100 percent renewable energy, that company needs to be absolutely sure. But if there is a bit of paprika in the product, and the paprika farmer drove to the market on a polluting moped, then that claim is actually already no longer true. I therefore advise companies to share their story with consumers as honestly as possible. In marketing and advertising, you learn that the message should be as simple as possible, but issues around sustainability are often not simple. Sometimes, alternatives that seem more sustainable are actually also polluting and sometimes even more so. In this case, rather tell people that you want to produce as sustainably as possible and name what you are doing to achieve that."
"We regularly provide seminars to companies for their lawyers and marketing staff. In doing so, we prevent complaints and litigation. The subject matter is quite unruly especially when it comes to sustainability. Ready-made answers are often not possible. Yet we can give these people the tools they need to limit risks. If a subject is difficult, the trick is to still find a pragmatic solution."
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