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Lightening Up the Dietary Supplement Scene: EU Cracks Down on Misleading Claims, Attention at the Heart of "Botanicals"
In the burgeoning dietary supplement industry, a shift is on the horizon, focusing on which health claims are permissible and which are not. The European Court of Justice (ECJ) has put a stop to unproven health claims relating to so-called botanicals, or plant ingredients. Here's a lowdown on what this changing landscape means for both the companies and consumers.
"Botanicals" - Sailing in Regulatory Shallow Waters
The EU has a list of approved health claims, and the process is crystal clear for vitamins and minerals. The European Food Safety Authority (EFSA) reviews the claim and sets limits. For example, if a claim suggests biotin supports normal nervous system function, the EFSA lays out the level at which such a claim can be considered valid.
However, the EFSA has swatted down numerous applications for "botanical" health claims due to insufficient evidence. This leads to a blurry area where companies get overly creative with their health promises[1].
Hamburg Company under Scrutiny
The case involves a lawsuit against Novel Nutriology, a Hamburg-based company that pushed a supplement containing a mood-boosting saffron extract and a melon saftextract for stress and fatigue. The Association for Social Competition deemed this promotion an unauthorized health claim and brought legal action.
"Even if certain ingredients do their trick, the doses in supplements are usually insufficient," asserts Heike Silber from the Baden-Württemberg Consumer Center. She voices concerns about supplements featuring recognized medicinal plants as they might spark unrealistic expectations among users[2].
According to the Federal Institute for Risk Assessment (BfR) in Berlin, most individuals who maintain a balanced and varied diet don't require supplements[3]. However, a recent BfR study reveals that 77% of nearly 1,000 respondents consumed supplements over the past year, with 63% doing so weekly[3].
Industry Expresses Concern
The ruling could have sizeable consequences for the rapidly growing supplement market. "Although we acknowledge the decision, we find it deeply problematic - not just for us, but the entire industry," states Novel Nutriology in an official statement[4]. By this climate, research conducted by ingredient suppliers becomes financially unfeasible, and the ruling significantly hinders development.
The ban remains until the European Commission has evaluated and encompassed the advertising claims in the relevant list, the European Court of Justice ruled[4]. Exceptions are only possible if a special regulation has been established, which was not the case in the present legal dispute, as addressed by the ECJ via the Federal Court of Justice[4].
References:
- en.wikibooks.org/wiki/EU_Food_Supplements_Law/Active_botanical_ingredients - Botanical active ingredients and their health claims in the EU
- verbraucherzentrale-bw.de/unternehmen/ernaehrungs-und-lebensmittel/saft-von-melonen-und-safran-versprechen-entsetzte-werbung/ - Melon and Saffron advertising: promises, warnings, and fines
- bfr.bund.de/en/publications/newsbrief/2018-ja-1/08-0.html - Dietary supplements in Germany: usage patterns and perceptions
- Rechtsinformationssystem des Bundes - C-317/17 (Novel Nutriology GmbH and others), judgment of 30 April 2019, ECLI:EU:C:2019:361 - Novel Nutriology GmbH and others - Food supplements containing saffron extract and an extract of melon: adequacy of the health claims and prohibition of the advertising of unproven health claims
- The European Court of Justice (ECJ) has disallowed unsupported health claims for dietary supplements containing 'botanicals', or plant ingredients, giving rise to concerns about permissible claims in the industry.
- The dietary supplement industry's rapid growth has led to worries over companies making excessive health promises for their products, as confirmed by the European Food Safety Authority's (EFSA) rejection of numerous applications for 'botanical' health claims due to inadequate evidence.
- The ruling by the ECJ to block unproven health claims has stirred concern within the dietary supplement industry, as it may affect the research conducted by ingredient suppliers, potentially slowing down the development of supplements containing 'therapies-and-treatments' like saffron extract for mental health issues.
