Food law

January 21 2025

Sensitive Products in a Nutshell – Practical Challenges. Part I: Dietary Supplements

Introducing so-called sensitive products to the market can be a real challenge. Sensitive products are those that, due to their nature, are subject to highly detailed regulations and additional oversight systems. One of my favorite categories of sensitive products is health-promoting food, especially food for special medical purposes regulated by Regulation 609/2013. However, this time the focus is not on that, but on dietary supplements. These are products often perceived as easy to launch on the market, with production and sales seen as a relaxed way to run a business. From my legal practice, I can say that nothing could be further from the truth. Bringing a dietary supplement to market is a complex process that requires compliance with numerous legal requirements and overcoming many practical challenges. Running a responsible business in the dietary supplement sector can be quite a task—like in a Hitchcock movie: first an earthquake, and then the tension only rises.

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December 15 2024

Will the advertising of dietary supplements undergo changes?

On September 26, 2024, a request for a preliminary ruling was submitted to the Court of Justice of the European Union (CJEU) regarding the correct application of nutrition and health claims in advertising (Case C-657/24). What is this case about? What are the legal grounds for this question? Will the CJEU ruling affect the current practice of using claims in dietary supplement advertising, and what impact might it have on consumer protection? What are the most important rules regarding the advertising of dietary supplements? What mistakes should be avoided?

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