Antimonopoly Committee Fines Two Ukrainian Companies USD 265 thousand for Misleading Claims About Dietary Supplements
The Antimonopoly Committee of Ukraine (AMCU) has imposed fines on two Ukrainian companies after determining that they disseminated misleading commercial information regarding the properties of their dietary supplements.
According to the AMCU’s findings, Vorwarts Pharma LLC placed on its packaging and online marketplaces claims about the properties of the dietary supplement “Zafacol IQ”, including statements suggesting it improves intestinal function.
Similarly, Ersel Pharma Ukraine LLC promoted claims regarding the dietary supplement “A-Keton”, including assertions that it eliminates the causes of acetone (ketone bodies) in children. These claims appeared on packaging, on websites owned by Ersel Pharma Ukraine LLC, and across the company’s social-media pages.
During the proceedings, the companies submitted, as evidence of the supplements’ purported properties, various publications describing characteristics of individual ingredients and/or articles discussing the use of dietary supplements in combination therapy with other medicinal products.
However, the Ministry of Health of Ukraine maintains that such publications do not constitute sufficient substantiation of the claimed properties of dietary supplements. Moreover, publications describing individual ingredients cannot confirm that these properties are present in the dietary supplement as a finished product.
Consequently, the information disseminated may be perceived by consumers as therapeutic claims, i.e., characteristics typical of medicinal products. This, in turn, may grant the manufacturers unlawful competitive advantages.
During the review of the case, Vorwarts Pharma LLC informed the Committee that it had ceased disseminating the disputed claims regarding “Zafacol IQ”—including on online marketplaces and its YouTube channel—and had taken measures to remove such information from the product’s packaging.
Ersel Pharma Ukraine LLC likewise halted the dissemination of misleading information about “A-Keton” on its websites and social-media pages.
At the same time, the AMCU established that neither company provided adequate confirmation that dissemination of the disputed information had ceased on the products’ packaging, which remains a central issue in the case.
Ukrainian Producers to Cease Using the Labels “Cognac” and “Champagne” Starting in 2026
Beginning 1 January 2026, the transitional period under Ukraine’s international obligations to the European Union will expire, and Ukrainian wine and spirits producers will no longer be permitted to use the designations “cognac,” “champagne,” “armagnac,” “grappa,” or “brandy de Jerez” on their products.
Following the entry into force of the EU–Ukraine Association Agreement, Ukrainian businesses were granted a 10-year transition period, ending on 1 January 2026. As early as 2016, following industry consultations, it was decided that the term “brandy” would serve as the alternative designation for Ukrainian products previously marketed as “cognac.”
Under EU legislation, the exclusive right to use these protected geographical indications (PGIs) belongs solely to producers located in the respective regions of origin in France, Italy, Spain, and other qualifying jurisdictions.
If a violation is detected, manufacturers unlawfully using these protected designations will be required to compensate for damages in an amount ranging from UAH 67,000 to UAH 3.35 million, with the final sum determined by the court based on the nature of the infringement.
In addition, the Antimonopoly Committee of Ukraine may apply the provisions of the Law “On Protection Against Unfair Competition” and impose a fine of up to 5% of the infringing undertaking’s revenue from product sales for the preceding financial year.
Kazakhstan Introduces Expedited Trademark Registration Procedure
The President of Kazakhstan has signed the Law of 24 November 2025 “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Intellectual Property Issues,” which includes amendments to the Law “On Trademarks, Service Marks and Geographical Indications.”
Under the amendments, the timeframes for examination under the expedited procedure are being revised. A preliminary examination may now be conducted, at the applicant’s request, within 10 business days, compared to the standard one-month period. A full examination may be conducted, also at the applicant’s request, within 3 months from the filing date, whereas the previous timeframe was 4 months.
The law also extends the opposition period for challenging a trademark application. Currently, oppositions may be filed within 1 month from the date of publication. Following the amendments, this period will increase to 2 months.
The changes introduce the possibility of suspending prosecution of a trademark application when an action is filed before a court. Previously, the law allowed suspension only upon submission of a petition linked to the filing of an opposition before the Appellate Board; now, prosecution may likewise be suspended due to the initiation of court proceedings.
Additionally, the amendments allow for postponement of opposition hearings before the Appellate Board upon the motion of either party. Under the previous rules, postponement was available only at the request of the opponent—the party filing the opposition. Following the amendments, any party to the proceedings may request a postponement.
The amendments will enter into force on 25 January 2026.
