Immune power
unfair for
fruit juice.
Immune power
unfair for
fruit juice.
from
Can a manufacturer advertise its vitamin juice as a product that gives the body “immune strength”? Or is this term already prohibited because it goes beyond the health claims permitted by food law? The Regional Court of Lüneburg has clearly answered this question.
Juice with immune power
A juice manufacturer marketed a product with the designation “[product name] Immunkraft”. The product contained vitamins C and A, for which a specific health claim is permitted under European law: “They contribute to the normal function of the immune system.” So far, so good – because this claim is expressly permitted under EU law.
However, the plaintiff consumer protection association objected to the use of the term “Immunkraft” in the product name as anti-competitive. It argued that this went beyond the content of the permitted health claim and was therefore an impermissible health claim.
The decision
The Lüneburg Regional Court ruled in favor of the consumer association and condemned the juice manufacturer with Judgment of 18.09.2025 – Ref. 7 O 8/25 to cease and desist.
Health claims are strictly regulated throughout Europe
In principle, health claims on foods are prohibited unless they are expressly permitted in the EU-wide positive list. A “health claim” already exists if even an indirect link is suggested between a food or one of its ingredients and health.
The perception of the average consumer is always decisive – not the intention of the manufacturer.
Why “immune power” is not synonymous
The health claim approved for vitamins C and A is: “The vitamin contributes to the normal function of the immune system.” Sounds inconspicuous – but it is not. Because this wording is very precise. It states that the vitamin helps to keep the immune system functioning normally. No more, no less.
According to the Lüneburg judges, “Immunkraft” says something different.
The term “strength” is used as a synonym for “power”, which in both cases implies a capacity or ability that goes beyond the normal level.
In other words: Anyone reading “immune strength” is not thinking of a normally functioning immune system. They think of a particularly strong, powerful one, i.e. something above average. However, this is precisely what has not been scientifically proven and is therefore not permissible.
What this means in practice
The ruling is a clear indication of the narrow interpretation that courts apply when dealing with health claims. The following points in particular are relevant for food manufacturers, retailers and marketing managers:
Product names are not an “advertising-free zone”
Health claim regulations apply not only to advertising claims in flyers or on websites, but also to the product name itself. Anyone who calls a product “Immunkraft” is already making a health claim.
Creative reformulation is risky
Admittedly, approved claims do not have to be used word-for-word; “similar” formulations are also permitted. However, a strict standard applies. An alternative formulation is only permitted if it does not go beyond what the European Food Safety Authority (EFSA) has assessed in the approval process.
“Similar” therefore does not mean “similar sounding”, but the new wording must not implicitly promise more than the approved health claim. In case of doubt, the verbatim adoption of the EFSA formulation is the safer choice.
Received a cease and desist letter?
How to react
You are best advised to
cease and desist letter!
A cease and desist letter, e.g. for infringement of competition law, industrial property rights or copyright, should always be taken seriously, as it can have considerable legal and financial consequences.
Timely and professional advice is crucial in order to minimize risks and develop the right strategy.
- Check cease and desist letter: Have the cease and desist letter legally checked. Not every cease and desist letter is justified, formally correct and abusive cease and desist letters are unlawful.
- Observe the deadline: Be sure to respond within the set deadline to avoid further legal action such as an injunction or a lawsuit.
- Check the cease-and-desist declaration: Do not sign a pre-formulated cease-and-desist declaration without legal advice. It could be too far-reaching and lead to considerable and lasting disadvantages. Once a cease-and-desist declaration has been signed, it is almost impossible to get rid of it and can result in considerable follow-up costs in the form of high contractual penalties.
- Strategy: Regardless of whether the cease and desist letter is justified or not, you should consider the right strategy for responding to the cease and desist letter with professional support. Many aspects play a role here. For example, there may be formal errors or the submission of a cease-and-desist declaration may involve incalculable risks.
Conclusion
The ruling comes as no surprise, as it follows a clear line of German and European case law. Courts had previously ruled that formulations such as “strengthens the immune system” are inadmissible, even though they are similar to the approved claim.
A strict standard applies to health claims on food. Product names, labels and advertising materials should therefore be legally checked for admissibility before printing – and not just when a cease and desist letter arrives in the mailbox.
We are happy to
advise you on
Health claims!
