Crucial Judgment from the EU Court of Justice on Health Claims for Botanical Substances
A recent and significant ruling by the Court of Justice of the European Union (EU) is redefining the regulatory landscape for the use of health claims related to botanical substances in food products and food supplements. In particular, the decision in Case C-386/23 (Novel Nutriology) has established a fundamental principle that will directly impact advertising and labelling strategies for herbal and plant-based products.
Prohibition on the Use of Non-Authorised Claims (Art. 13(b))
The judgment focuses specifically on claims referring to psychological and behavioural functions (Article 13(b) of Regulation (EC) No 1924/2006 on health claims).
The Court unequivocally clarified that such health claims for botanical substances cannot be used in advertising material unless an application for authorization was submitted to the European Commission by the deadline of 19 January 2008, as established by Article 28(6)(b) of the same Regulation. The lack of such an application by the crucial deadline, even if the claim is present in the so-called “on hold” lists, prevents its use.
The Novel Nutriology Case: Saffron and Melon
The dispute that led to this decision concerned specific claims about well-known botanical ingredients:
- Saffron Extracts: Related to the maintenance of a positive mood.
- Melon Juice: Referring to the reduction of stress and fatigue.
These claims, although potentially falling within the scope of psychological and behavioural functions (Art. 13(b)), were deemed unusable in the absence of the stipulated transitional procedure.
The Importance of Transitional Procedures and “On Hold” Lists
The ruling emphasises that transitional procedures and inclusion in the “on hold” lists (claims awaiting evaluation by the European Food Safety Authority – EFSA) do not in themselves confer the right to use the claim in advertising. The use of a botanical health claim is only permitted if the criteria of the Regulation have been met, including the correct and timely submission of the authorization application.
In the absence of a definitive decision by the EU Commission authorising the claim, and without the transitional procedural requirements being met, the use in commercial communication is to be considered prohibited. This judgment forces companies producing food supplements and botanical products to conduct a thorough review of their labels and advertising campaigns, highlighting the absolute necessity of conforming to the strict requirements of Regulation 1924/2006.
