Honey New Zealand (International) Ltd v Director General of the Ministry for Primary Industries [2016] (APPEAL) (New Zealand)

Heard in the NZ Court of Appeal this case concerned Trade Marks and whether the brand name ‘Manuka Doctor’ is an implied health claim in breach of the Australia New Zealand Food Standards Code. On appeal, the court found that the words ‘Manuka Doctor’ did not convey the product could cause a direct effect onto an individual’s health and is not prohibited under the Australian New Zealand Food Standards Code (Standard 1.2.7). The Court found that the code is aimed at claims of specific measurable health effects and thus general phrases, such as ‘farm fresh’ or ‘Manuka Doctor’ are not sufficient to establish an implied health claim and thus are not prohibited. Notably both Courts at trial and appeal agreed that the fact the impugned words are a registered trademark does not materially assist in determining whether or not a health claim had been made. This is relevant as Manuka Doctor has claimed that their intellectual property would be infringed if a breach was found, a matter which would not have persuaded the court.