On 30 April 2025, the Court of Justice of the European Union (CJEU) issued a judgment in case C-386/23 (Novel Nutriology), ruling that the advertising, as well as the presentation and labeling of food products using health claims related to certain plant-based or herbal substances (botanical substances), is prohibited. The CJEU emphasized clear boundaries regarding […]
Proper reading of food labels, including those on dietary supplements and foods for special medical purposes (FSMP), is crucial for consumer health. Accurate labeling and health claims on packaging help consumers make informed dietary choices and ensure their safety.
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.
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?