EU Court Limits Health Claims in Supplement Advertising

The European Court of Justice (ECJ) has imposed restrictions on advertisements for dietary supplements, particularly those that make health-related claims. This ruling primarily targets the marketing of products containing herbal extracts, including saffron and ginkgo, which have been promoted with assertions about their mood-enhancing and stress-relieving properties.

The court's decision stems from a case involving Novel Nutriology, a Hamburg-based company that advertised a supplement featuring saffron extract and melon juice extract. The company claimed that these ingredients could alleviate stress and improve mood. However, the Social Competition Association contested this assertion, arguing that it constituted an unlawful health claim.

Under current EU regulations, a list is maintained to define what health-related claims can be made in advertising. This list stipulates the conditions under which specific health benefits can be asserted, such as the requirement for scientific evidence to support claims regarding vitamins and minerals.

Despite the existence of this regulatory framework, many applications to include health claims related to so-called 'Botanicals'--a category that includes various plant-based supplements--have been rejected due to insufficient scientific backing. Consequently, the European Commission has suspended the evaluation of these claims.

The ECJ's ruling has significant implications for the burgeoning dietary supplement market, as it restricts companies from marketing products with health claims unless they have been officially recognized and included in the EU's approved list.

The judges clarified that while exceptions to this rule may exist under specific regulations, no such provisions applied to the case brought forth by the German Federal Court, which had referred the matter to the ECJ.

This ruling is expected to reshape the promotional strategies of companies operating in the health supplement sector, compelling them to adhere to stricter guidelines regarding the claims they can make about their products. The outcome highlights the ongoing scrutiny that dietary supplements face in the European market and emphasizes the necessity for credible scientific validation before health claims can be communicated to consumers.