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Advertising food supplements: what is prohibited, what is allowed – with examples
Three rules decide almost every advertising question for a food supplement: no statement about preventing, treating or curing a disease; every ingredient must be permitted in a food; and every health-related statement must be an authorized health claim whose conditions of use your product meets. If one ingredient of your product meets the conditions of an authorized claim, you may use that claim to advertise the product – worded so that the effect is attributed to that nutrient. Beyond claims, you can always advertise with composition, formulation, manufacturing and testing.
Three rules that always apply
A food supplement is a food. Every statement you make about it is therefore subject to EU food law – on the pack, on the website, in newsletters, videos, social media posts and sales conversations. Almost every warning letter in this industry comes back to one of three rules:
- No disease: Food information must not attribute to a food the property of preventing, treating or curing a human disease, and this expressly includes advertising (Article 7(3) and (4) of Regulation (EU) No 1169/2011). There is no authorization procedure for such statements, not even with studies.
- The ingredient must be permitted: Before any advertising question comes the question of whether an ingredient belongs in a food at all. If a substance in the formula is classified as a medicinal substance, the problem is not the advertising but the product itself.
- The claim must be authorized: Health claims are prohibited unless they are authorized and included in the lists of authorized claims (Article 10(1) of Regulation (EC) No 1924/2006). How good the study situation is for an ingredient does not matter.
The legal basis for these rules is explained in detail in Health claims: what you may advertise. This article shows with concrete examples where the line runs in practice.
What is prohibited: typical examples
The following statements are typical of what can be found in the market. They are generic examples, not quotations from a specific provider.
| Statement | Problem |
|---|---|
| “Prevents neurodegenerative diseases” | Prevention of a disease – prohibited without exception. |
| “Can help prevent cardiovascular disease” | The softened “can” does not change anything: it is still a disease claim. |
| “Has an antiviral effect” | A disease-related effect. Such statements also raise the question of whether the product is a medicinal product by function. |
| “Detoxifies the liver” | No authorized claim; at the same time a disease reference is apparent. |
| “Improves memory and concentration” for a product made only of plant extracts | No authorized claim exists for the ingredients; the product cannot carry this statement. |
| “Boosts muscle strength”, “regulates body weight” | Not covered by an authorized claim. Statements about the rate or amount of weight loss are prohibited in any case (Article 12(b)). |
| “For your cells”, “for healthy ageing” on its own | General well-being statements are only allowed together with a specific authorized claim (Article 10(3)). |
A second group of problems has nothing to do with wording but with the ingredient list:
- Hormones: Extracts standardized to hormones such as DHEA do not belong in a food supplement. DHEA is a steroid hormone, falls under medicinal product law and is on the World Anti-Doping Agency’s prohibited list.
- Medicinal substances: Some substances are classified as medicinal substances in many EU countries – N-acetylcysteine (NAC) is a well-known example. If such a substance is in the formula, the product may be regarded as an unauthorized medicinal product.
What is allowed: authorized claims under their conditions
For vitamins and minerals in particular, the EU has authorized many function claims in Regulation (EU) No 432/2012. They may be used if your product meets the condition of use – for most vitamins and minerals, at least 15% of the nutrient reference value (NRV) per daily dose. Some claims have their own minimum amounts: the claim for betaine on normal homocysteine metabolism, for example, requires a daily intake of 1.5 g.
| Product purpose | Nutrient | Authorized claim (examples) | Minimum per daily dose (15% NRV) |
|---|---|---|---|
| Immune system | Vitamin C, zinc, selenium, vitamin D | “contributes to the normal function of the immune system” | vitamin C 12 mg, zinc 1.5 mg |
| Energy, fatigue | Niacin, vitamin B6, vitamin B12, magnesium | “contributes to the reduction of tiredness and fatigue” | niacin 2.4 mg, magnesium 56.25 mg |
| Cell protection, ageing | Vitamin C, vitamin E, zinc, selenium | “contributes to the protection of cells from oxidative stress” | vitamin E 1.8 mg, selenium 8.25 µg |
| Joints | Vitamin C, manganese | “Vitamin C contributes to normal collagen formation for the normal function of cartilage” | vitamin C 12 mg |
| Brain, nerves | Zinc, iodine, vitamin B6, magnesium | “contributes to normal cognitive function” (zinc, iodine), “to normal psychological function” (vitamin B6, magnesium) | zinc 1.5 mg, vitamin B6 0.21 mg |
| Hair, skin | Biotin, zinc, selenium | “contributes to the maintenance of normal hair” | biotin 7.5 µg |
Check the exact wording and the condition of use of each claim in the EU Register of nutrition and health claims before you use it.
One authorized claim can carry the whole product
Many products are built around plant extracts or other substances for which no claim is authorized. That does not mean the product cannot be advertised with health claims. If one of the ingredients meets the conditions of an authorized claim, that claim may be used to advertise the food supplement as a whole. In addition, general well-being statements become possible, because Article 10(3) requires exactly this: an authorized claim alongside them.
This is why, in practice, many formulas contain a vitamin or mineral that fits the product’s purpose. The amount does not have to be high – it must meet the condition of use, which for most vitamins and minerals is 15% of the NRV per daily dose. Three points matter:
- The claim belongs to the nutrient: Name the nutrient in the claim, for example “with zinc, which contributes to the protection of cells from oxidative stress”.
- No transfer to other ingredients: The overall impression must not suggest that the plant extract has the effect. Claims that are ambiguous or misleading are prohibited (Article 3(a)).
- It must fit: Choose a nutrient whose authorized claim matches the purpose of the product. A claim that has nothing to do with the product does not help the advertising.
| Well worded | Risky |
|---|---|
| “Turmeric extract with vitamin C. Vitamin C contributes to normal collagen formation for the normal function of cartilage.” | “Turmeric for healthy joints” |
| “For healthy ageing: with zinc, which contributes to the protection of cells from oxidative stress.” | “Resveratrol protects your cells from ageing” |
| “With vitamin B6, which contributes to normal psychological function.” | “Ashwagandha for inner calm and better sleep” |
What you can always advertise: composition, formulation, manufacturing
Statements that do not establish a relationship with health are not health claims. They must be true and must not mislead, but they need no authorization. This often makes for the most convincing material for informed customers:
- Composition: Amounts per daily dose; for extracts, both the amount of extract and the content of the standardized active substance.
- Formulation: Why the formula is built the way it is – for example the choice of a particular compound, a dosage form or a protective capsule. Describe the form factually and avoid promising better absorption or effect.
- Raw materials: Origin, standardization, branded raw materials, testing of each batch for identity, content and microbiology.
- Manufacturing and testing: Certifications such as ISO 22000:2018, traceability to the raw-material batch, place of production.
- Use: Intake recommendation, how long a pack lasts, suitable target groups such as vegans.
Caution with “free from”: food information must not suggest special characteristics when all comparable foods have them (Article 7(1)(c) of Regulation (EU) No 1169/2011).
Who is responsible – including for partners
- The brand is liable: Responsible for the food information is the operator under whose name the product is marketed (Article 8(1) of Regulation (EU) No 1169/2011) – even if a contract manufacturer produces it.
- Professional audiences are no exception: Material that is addressed only to doctors, pharmacies or sales partners also falls under the Health Claims Regulation if it serves sales (Case C-19/15).
- Partners and influencers: Statements made by sales partners, agencies or influencers on your behalf are attributed to you. Give them a list of approved wording.
- Warning letters: A warning letter usually demands a cease-and-desist declaration with a contractual penalty. From then on, every repeat costs money – including a forgotten sentence in an old newsletter or on a retailer’s page.
Checklist before you publish
- Not a word about preventing, treating or curing disease – not with “can”, not in images or testimonials.
- Every ingredient is permitted in food supplements; no hormones, no medicinal substances.
- Every health-related statement matches an authorized claim, and the conditions of use are met.
- Claims of an added nutrient name that nutrient and do not transfer its effect to other ingredients.
- General well-being statements appear only together with an authorized claim.
- Composition, formulation and quality statements are true and verifiable.
- Partners, agencies and influencers have a list of approved wording; old material has been checked.
Disclaimer: no legal advice
This article is general information and does not constitute legal advice. It does not replace an individual legal review of your product, your label or your advertising. Legal requirements, case law and the practice of the authorities differ from country to country and can change at any time. Despite careful research, Novogenia accepts no liability, to the extent permitted by law, for the accuracy, completeness or currency of the content, nor for decisions made or advertising published on the basis of this article. Responsibility for the labeling and advertising of a product lies with the business under whose name it is marketed. Have your specific wording checked by a lawyer or another qualified expert before you publish it.
Frequently asked questions
May I advertise a whole product with the claim of a single nutrient?
Does the word “may” make a disease claim acceptable?
May I write “supports healthy ageing”?
Do the rules also apply to material for doctors or sales partners?
Who is liable for the advertising if a contract manufacturer produces the product?
Related: Health claims: what you may advertise · Labeling: mandatory information · Developing a formula: dosage, upper limits, interactions
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