Its five claims, which established a link between the consumption of glucose and the contribution to an energy-yielding metabolism, were officially banned in January this year. The European Food Safety Authority (EFSA) approved the claims back in 2012, yet concerns were raised about what message this would send to consumers about sugar consumption when the claims passed to EU member states and the Commission.
The claims were stuck in EU law-book limbo since then, until the ban was officially instated this year.
Now it seems the company is to dispute this decision in the ECJ although it refrained from giving challenge details since the case was ongoing.
The Commission also refused to comment on an ongoing matter.
Further details of the case will be published in the Official Journal of the European Communities, although this could take up to three months.
The ECJ is tasked with interpreting EU law to ensure it is applied uniformly in all EU member states. It also settles legal disputes between EU governments and institutions. Individuals, companies and organisations may also bring cases before the court if their rights have been infringed by an EU institution. The court is made up of a pool of 28 judges - one per member state.