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Court of Justice clarifies scope of mandatory disclosures for food health claims

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22 September 2026

Court of Justice clarifies scope of mandatory disclosures for food health claims

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The photo presents golden supplement capsules in a white bottle cap, with loose capsules, brown bottles and green leaves on a pink background.

The Court of Justice of the European Union has ruled, in two joined preliminary ruling cases, that the mandatory disclosure obligations attached to health claims under the Nutrition and Health Claims Regulation apply to a product's labelling, and that advertising does not constitute "labelling" for this purpose. The clarification gives food and supplement businesses more certainty on where the required accompanying statements, such as on maintaining a varied and balanced diet, must legally appear.

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Court of Justice of the European Union

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EU-27

Organisation Type

Industry Associations and Chambers of Commerce

National authorities

SMEs (a company with less than 250 employees)

  • Agri-food strategic objectives

    • Healthy and sustainable diets​

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The cases arose from disputes in Germany and Belgium concerning food supplement advertisements that carried health claims, such as claims relating to weight management, without repeating the mandatory disclosure statement that appeared on the product's packaging. The Court found that where the required information is already present on the labelling, businesses are not additionally obliged to reproduce it in separate advertising materials referencing the same claim.

The ruling provides food business operators across the EU with clearer guidance on compliance obligations under the Nutrition and Health Claims Regulation, which governs how health and nutrition claims may be used in a food's labelling, presentation and advertising.

#FoodSafetyEU #ConsumerTrustFood

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