Health claims in food advertising: evidence and prohibited wording

Article 2(2)(5) of the Regulation covers statements that explain, suggest or imply a relationship between a food category, food or one of its constituents on the one hand and health on the other. The message may be conveyed through words, images, symbols or the overall design of the advertisement.

The word “healthy” is therefore not decisive. An image of a strong heart, a statement about energy and concentration or a reference to immune support may qualify as a health claim. A brand name or fancy name may also fall within the Regulation if it can be understood as such a claim.

The advertising claims review helps organise the wording, audience and evidence. For food advertising, the specific claim review under the Regulation must follow.

Article 5 requires the claimed nutritional or physiological effect to be established by generally accepted scientific evidence. The relevant nutrient or other substance must be present in the final product in a suitable amount and, where necessary, in a form available to the body.

The reasonably expected quantity consumed also matters. The food must provide the relevant substance in an amount capable of producing the claimed effect. A recipe that contains only traces of a substance does not automatically support a broad statement.

The average consumer must be able to understand the positive effect as it is presented in the advertising. Claims also concern the food ready for consumption according to the manufacturer’s instructions. Recipe, serving, preparation and wording must therefore remain consistent.

Article 10 generally prohibits health claims unless they meet the general and specific requirements of the Regulation, have been authorised and appear in the relevant list. For many functional claims under Article 13, the business therefore needs more than its own study file: it must use the authorised wording and comply with its conditions.

Article 13 covers, among other things, the role of a nutrient or other substance in growth, development and the functions of the body, as well as psychological or behavioural functions. Such claims may be used only within the authorised framework. A free rewording must not broaden the meaning or promise a stronger effect.

Article 6 requires the food business operator to justify the use of the claim. Authorities may request relevant information and data showing compliance with the Regulation. Scientific documents should therefore match the exact recipe, serving and wording rather than merely discussing the substance in general.

Article 10(2) requires additional information where health claims are used in labelling, presentation or advertising. This includes a statement about the importance of a varied and balanced diet and a healthy lifestyle and, where needed, the quantity and pattern of consumption required for the claimed effect.

Article 10(3) permits references to general, non-specific benefits for overall health or health-related wellbeing only when accompanied by a specific authorised claim under Article 13 or 14. A phrase such as “for your wellbeing” does not sit outside the framework where the overall presentation creates a health association.

Article 12 excludes certain claims, including wording suggesting that health could be affected by not consuming the food, statements about the rate or amount of weight loss and impermissible recommendations by individual doctors or health professionals. The exact wording and overall impression remain decisive.

Article 14 deals separately with claims about the reduction of a disease risk. Such a claim must be authorised and must carry additional information explaining the disease and other risk factors. It cannot be treated as an ordinary functional claim under Article 13.

A statement that attributes prevention, treatment or cure of a disease to a food goes further still. The article on environmental advertising and substantiated claims covers a different claim group. In food health advertising, the boundary to a disease-related message requires particular care.

A general reference to a normal body function is not automatically a cure promise. Conversely, a seemingly cautious phrase may imply a concrete disease effect through images, before-and-after presentation or the target audience. The complete published communication must therefore be reviewed.

A reliable approval file contains the exact wording, all graphic elements, target audience, channel, product name, recipe, nutrition information and usual serving quantity. It should also include the authorised wording, its conditions of use and the scientific justification for the final product.

Recipe changes are particularly important for food supplements and composite foods. A new dosage, different raw material or different serving may change the factual basis. Each version should be archived with its date, responsible approval and affected channels.

After a challenge, preserve the advertisement, packaging, landing page, product data and internal approvals in their original form. The article on authenticity and evidence for customer reviews concerns a different type of proof. For health claims, recipe, list status, conditions and wording must be brought together.

A challenge should be reviewed against the exact version used. Preserve the letter, service information, affected URLs, product images, packaging, advertising variants and publication period. A later amendment may be sensible, but it does not explain the version that was previously used.

Then ask whether the relationship claimed is a health claim under the Regulation, whether the claim is authorised and whether all conditions were met. The separate article on quality seals and certificates in advertising addresses another issue, but may be relevant to a combined campaign.

For a competitor’s advertising, one screenshot and a personal impression are not enough. The complete context, product presentation, visible qualifications and exact wording matter. Public allegations should be made only after the factual basis has been secured.