In its decision C-386/23 of 30 April 2025, the European Court of Justice (ECJ) answered a request for a preliminary ruling concerning the commercial advertising for the promotion of a food supplement using health claims relating to botanical substances contained in that supplement.

Novel Nutriology had marketed a food supplement, which it advertised on its website using different health claims relating to the “saffron extract” and the “melon juice extract” contained in that product. Among others, the saffron extract was claimed to be “mood enhancing” and the melon juice extract “to reduce feelings of stress and fatigue”. The Federal Court of Justice of Germany (Bundesgerichtshof), as the third instance, referred the issue to the ECJ, asking for a preliminary ruling regarding the admissibility of the described health claims.

The court held that health claims must be compliant with the provisions in the Regulation No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (Regulation No 1924/2006), specifically its Articles 10, 13 and 14. Therefore, health claims must, first, be based on generally accepted scientific evidence, and second, they must be well understood by the average consumer. Third, it should be noted that the Commission was required to adopt the list of authorised health claims, which in relation to botanical substances had not yet been done. Therefore, the health claims in question fell under the transitional regime of Article 28(6)(b) of Regulation No 1924/2006.

While the health claims could be allowed under Article 10(1) and (3) of Regulation No 1924/2006, they were not permitted under the transitional regime provided for in Article 28(6) and, therefore, could not be permitted until the commission had completed its examination of them. This interpretation is also in line with the purpose of Regulation No 1924/2006 which is the effective functioning of the internal market, consumer protection, as well as the protection of health.

For more information, see here.