What is a health claim?
A health claim is an optional message, most often of an advertising nature, stating or suggesting that the given foodstuffs, i.e. also dietary supplements or their ingredients, have a positive effect on health. According to the definition from Article 2 sec. 2 of the Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (Dz. Urz. L 404, s. 9-25):”… ‘claim’ means any message or representation, which is not mandatory under Community or national legislation, including pictorial, graphic or symbolic representation, in any form, which states, suggests or implies that a food has particular characteristics”. Where “‘health claim’ means any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its constituents and health” (Article 2 sec. 2 point 4 of the Regulation No 1924/2006).
Health claims are regulated by the European Law, below is the list of main legal acts:
Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (Dz. Urz. L 404, s. 9-25, 20 December 2006); Commission Regulation (EU) No 432/2012 of 16 May 2012 establishing a list of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health (Dz. U. UE L 136/1 z 25.05.2012 r. ze zm.), which states that a dietary supplement health claim, also for labelling, presentation of foods or advertising cannot:
• suggest that failure to consume the dietary supplement will negatively impact consumers’ health;
• indicate the rate or amount of weight loss;
• be untrue, imprecise and misleading to the consumer;
• raise doubts about other foods (including supplements);
• suggest that a healthy lifestyle and balanced diet does not provide the necessary nutrients in sufficient quantities to the body;
• Scare the consumer - both by verbal means, as well as graphics or symbols.
To avoid legal consequences, the promotion of dietary supplements requires health claims drafted under EU Law and Polish Law. Legal support of an expert in food law can assist in designing attractive and legal marketing.
Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (Dz. Urz. L 404, s. 9-25, 20 December 2006); Commission Regulation (EU) No 432/2012 of 16 May 2012 establishing a list of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health (Dz. U. UE L 136/1 z 25.05.2012 r. ze zm.), which states that a dietary supplement health claim, also for labelling, presentation of foods or advertising cannot:
• suggest that failure to consume the dietary supplement will negatively impact consumers’ health;
• indicate the rate or amount of weight loss;
• be untrue, imprecise and misleading to the consumer;
• raise doubts about other foods (including supplements);
• suggest that a healthy lifestyle and balanced diet does not provide the necessary nutrients in sufficient quantities to the body;
• Scare the consumer - both by verbal means, as well as graphics or symbols.
To avoid legal consequences, the promotion of dietary supplements requires health claims drafted under EU Law and Polish Law. Legal support of an expert in food law can assist in designing attractive and legal marketing.
