INDUSTRIES, ADVERTISING | The ECJ confirms the prohibition to use health claims for botanical substances pending EU Commission review

On 30 April 2025, the Court of Justice of the European Union (ECJ) issued its judgment in case C-386/23 (Novel Nutriology), clarifying that food supplements containing botanical substances cannot be promoted using health claims – either specific or general – until these claims have been authorized by the EU Commission and included in the official lists under Regulation (EC) No. 1924/2006. The case originated from a dispute in Germany, where Novel Nutriology GmbH had advertised the mood- and stress-related benefits of saffron and melon juice extracts. The ECJ held that such claims, particularly those referring to psychological or behavioural functions, are not permitted in the absence of prior scientific assessment and inclusion in the authorized lists. This ruling reinforces the principle that consumer health protection and scientifically validated information take precedence in food advertising.

Newsletter n. 107 – May 2025