The court rejected the claim of Kubanmoloko to the institution of the Rosselkhoznadzor on detection of transglutaminase
As follows from the court's decision, which is available to The DairyNews, the claim of Kubanmoloko concerns an article published by experts of the Federal State Budgetary institution on the official website, which was later replicated by regional and Federal media.
The Association in the statement of claim stressed that the document is accessible and public. In particular. The article reports on the "detection of microbial transglutaminase in dairy products (cottage cheese) of the Kuban manufacturer".
"Three samples of dairy products (cottage cheese) produced on the territory of Krasnodar region were received in the testing center of the Federal State Budgetary institution "Rostov reference center of the Rosselkhoznadzor" on the basis of the application for testing. When conducting studies using the method of enzyme immunoassay, specialists of the sector of toxicological types of tests found microbial transglutaminase in this product", says the article of the Federal State Budgetary institution. However, the name of the company is not specified.
It is also stated in the article that "the enzyme is widely used in the production of sausage products, in the dairy, fish, and bakery industries, however, to date, this enzyme is not in the list of permitted by the CU regulations". According to the "Kubanmoloko" it defames the reputation of all Krasnodar dairy producers.
"Kubanmoloko" claimed the demand for recognition of information published by the defendant not corresponding to reality and defaming the business reputation, for obliging the defendant to remove the article from its website within a period not exceeding 5 calendar days from the date of entry into force of the judgment, and place the refutation text on the main page of the site in open access and to recover 1 million rubles from the defendant to the plaintiff as compensation of reputational damages.
The defendant, in turn, stated that it was impossible to disclose commercial secrets - in particular, the name of the manufacturer of cottage cheese, in which microbial transglutaminase was revealed. At the same time, "information about the results of food research should be communicated to an unlimited number of people because of its importance to the consumer".
During the consideration of the claim, the dairy plant “Korenovsky” was involved in the case as a third party.
Following the results of the last session, the court rejected the plaintiff's claims in full.
"The plaintiff has not provided evidence that would allow us to conclude that the defendants distributed information that is not true, defamatory in terms of the above explanations of the Supreme Court of the Russian Federation", - said in the court's decision.
Цитаты дня
