Health claims aimed at health professionals fall under the scope of Regulation 1924/2006

ADVERTISING LAW

Health claims in food commercials fall within the scope of Regulation 1924/2006, even when the commercial is not aimed at the consumers but at health professoinals. Food business operators could avoid the obligations of regulation 1924/2006 by addressing the consumer through a health professional.

"45 Therefore, those health professionals risk forwarding, in all good faith, incorrect information on foods which are the subject of a commercial communication to final consumers with whom they have a relationship. That risk is all the more remarkable as such professionals are likely, because of the relationship of trust which generally exists between them and their patients, to exercise significant influence over the latter.

46 Furthermore, if the nutritional or health claims addressed to health professionals were not within the scope of Regulation No 1924/2006, with the result that such claims could be used without necessarily being based on scientific evidence, there would be a risk that the food business operators would circumvent the obligations laid down by that regulation, addressing the final consumer through health professionals, in order that those professionals recommend their foods to that consumer."

IPPT20160714, CJEU, Verband Sozialer Wettbewerb v Innova Vital

C-19/15 - ECLI:EU:C:2016:563