Botanicals
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Advertising.
Botanicals
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Advertising.
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Advertising for botanicals prohibited. The ECJ has ruled that advertising with health claims for botanicals is currently inadmissible under the Health Claims Regulation.
Botanicals
Botanicals are herbal substances and preparations made from plants, algae, fungi or lichens that are often available as food supplements. They are often advertised as natural foods and are said to have health-promoting effects, but can also harbor risks.
The company Novel Nutriology sells a dietary supplement containing saffron and melon juice extracts. The company advertised this food supplement by claiming that these extracts have a mood-enhancing effect and reduce feelings of stress and exhaustion. A trade association considered this to be inadmissible health claims under the Health Claims Regulation (HCVO) and sued for an injunction.
After the trade association was initially successful, the BGH stayed the proceedings on appeal and referred the question of whether botanicals may be advertised with health claims as long as the Commission’s examination of their inclusion in the list of authorized health claims has not yet been completed to the ECJ for a preliminary ruling.
Advertising currently prohibited
In its judgment of 30.04.2025 – C386/23 , the ECJ ruled that the use of health claims in advertising for food and food supplements is generally prohibited. However, it may be permitted if the claims are authorized by the Commission and included in the list of authorized health claims.
Health claims relating to herbal substances may not currently be used in the advertising of food supplements.
Now that the Commission has suspended its examination of health claims for botanicals, these are not yet included in the list of permitted health claims. The reason for the review and the requirement for authorization by the Commission is the scientific substantiation of health claims to protect consumers and their health. Accordingly, health claims for botanicals may not currently be used in advertising for food supplements.
Conclusion
Advertising with health claims for botanicals is not permitted as long as they are not included in the list of permitted health claims. Accordingly, only those health claims that are included in the list of permitted health claims are permitted. Otherwise, such advertising claims not only constitute a violation of the HCVO, but are also anti-competitive.
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