Food marketing and labeling are highly regulated areas within the European Union, reflecting the need to protect consumers from misleading or unfounded claims, while allowing transparent and scientifically substantiated communication of product benefits. For manufacturers and distributors, understanding the legal boundaries of what can be communicated about a food product’s health effects or nutrient content is critical — both to ensure compliance and to maintain consumer trust.

This article outlines the key legal principles and practical considerations around health and nutrient composition claims on food products, including dietary supplements, in the EU.

1. The Basic Legal Principle: No Disease-Related Claims

A fundamental rule under EU law is that foods and dietary supplements cannot be marketed as having disease-preventing or therapeutic effects. Neither the product packaging nor advertising materials may suggest that the food can prevent, treat, or cure any disease. This is a crucial distinction: health claims must be limited to scientifically supported effects on normal bodily functions or health maintenance, and must never imply a medical benefit.

Dietary supplements, although often perceived as “natural remedies,” are legally classified as foods and thus fall under the same restrictions.

2. EU Regulation 1924/2006/EC: The Cornerstone of Claims Regulation

The core legal framework governing nutrient and health claims on foods is the EU Regulation 1924/2006/EC on nutrition and health claims made on foods. This regulation:

  • Defines which claims related to nutrient composition and health (so-called “health claims”) are permitted;
  • Sets out the conditions and requirements for the lawful use of these claims;
  • Ensures that all claims are clear, accurate, and based on generally accepted scientific evidence;
  • Prevents misleading or false information that could distort consumer choices.

Manufacturers and distributors must comply strictly with these rules to avoid sanctions and reputational damage.

3. Authorized Health Claims and Their Sources

The Regulation does not list all authorized claims within itself but delegates this task to specific delegated and implementing acts, which are regularly updated. Key implementing regulations include:

  • Commission Regulation (EU) No 432/2012, which establishes the list of permitted health claims not related to disease risk reduction or children’s development;
  • Commission Regulation (EC) No 983/2009, which concerns authorized claims on disease risk reduction and children’s health.

An official, continuously updated list of authorized, rejected, and pending claims is publicly available on the European Commission’s website at: https://ec.europa.eu/food/safety/labelling_nutrition/claims/register/public/

This database is the definitive source to verify whether a particular claim is allowed, ensuring legal certainty and consumer protection.

4. Nutrient Composition Claims: What Is Allowed?

Apart from health claims, the Regulation also governs nutrition claims — statements describing the presence or absence of certain nutrients or substances in a food product. Common examples include claims such as:

  • “Source of Vitamin C,”
  • “Rich in Fiber,”
  • “Low Fat,”
  • “Sugar-Free.”

For example, the claim “source of Vitamin C” can only be made if the product contains a significant amount of Vitamin C, defined as at least 15% of the recommended daily allowance (RDA) per 100 grams of the product. In quantitative terms, this means:

  • At least 180 mg of Vitamin C per 100 grams if the RDA is 1200 mg (for example);
  • Similar minimum thresholds apply for other vitamins and minerals, as set out in Annexes to relevant directives and regulations.

Claims such as “rich in Vitamin E” require the product to contain at least twice the amount needed for the “source of” claim.

For other nutrients or substances (e.g., fiber, omega-3 fatty acids), the claim can only be used if supported by generally accepted scientific evidence and if the quantity present meets the regulatory thresholds.

5. Prohibited Claims and the Risks of Non-Compliance

Manufacturers and marketers must avoid:

  • Any claims suggesting a product can prevent, treat, or cure diseases;
  • Claims that have not been authorized by the EU or are scientifically unsubstantiated;
  • Use of ambiguous or unregulated terms that lack clear definitions under the law.

Failure to comply can lead to serious consequences including fines, product recalls, and damage to brand reputation. Moreover, consumer protection authorities and food safety agencies in EU Member States actively monitor compliance.

6. Practical Recommendations for Manufacturers and Distributors

  • Consult the official EU register of claims before drafting marketing materials;
  • Ensure product nutrient content meets thresholds before making any nutrient claims;
  • Avoid medical or disease-related language in product communications;
  • Keep documentation and scientific evidence supporting claims readily available for inspection;
  • Regularly update knowledge about changes in EU regulations and lists of authorized claims.

7. Conclusion

Navigating the complex legal landscape around health and nutrition claims is a challenge but essential for legally compliant and trustworthy food marketing in the EU.

By adhering to the stringent rules established by Regulation 1924/2006/EC and related acts, companies can not only avoid legal risks but also build consumer confidence through transparent, evidence-based communication.