Can I provide information about the medicinal properties of a dietary supplement?
According to Article 7 sec. 3 of the Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011: “Subject to derogations provided for by Union law applicable to natural mineral waters and foods for particular nutritional uses, food information shall not attribute to any food the property of preventing, treating or curing a human disease, nor refer to such properties.
Paragraphs 1, 2 and 3 shall also apply to:
1. advertising; 2. the presentation of foods, in particular their shape, appearance or packaging, the packaging materials used, the way in which they are arranged and the setting in which they are displayed.
Courts interpret this restrictive provision and sanitary inspection bodies broadly - a dietary supplement cannot modify physiological functions (only a drug can) and cannot be presented in this way. Therefore, disease entities, such as obesity, cold, erectile dysfunction, cannot be indicated in the description of the dietary supplement. Nor can it be stated that the product optimizes, regulates, improves. There can also be limitations to the graphic labelling of the product - for example; a pulsating red joint was considered to suggest a therapeutic effect.
Paragraphs 1, 2 and 3 shall also apply to:
1. advertising; 2. the presentation of foods, in particular their shape, appearance or packaging, the packaging materials used, the way in which they are arranged and the setting in which they are displayed.
Courts interpret this restrictive provision and sanitary inspection bodies broadly - a dietary supplement cannot modify physiological functions (only a drug can) and cannot be presented in this way. Therefore, disease entities, such as obesity, cold, erectile dysfunction, cannot be indicated in the description of the dietary supplement. Nor can it be stated that the product optimizes, regulates, improves. There can also be limitations to the graphic labelling of the product - for example; a pulsating red joint was considered to suggest a therapeutic effect.
