Food businesses operating in Germany and the European Union are subject to detailed rules governing the information and claims they may make about the nutritional characteristics of their products. Statements such as “low fat”, “sugar-free”, “high fibre” or “rich in vitamin C” are not merely advertising language. They are nutrition claims regulated by European food law.
The central legal framework is Regulation (EC) No 1924/2006 on nutrition and health claims made on foods. It applies to nutrition and health claims used in the labelling, presentation and advertising of food products throughout the European Union.
A nutrition claim describes particular nutritional properties of a food, for example because of the amount of energy, fat, sugar, fibre, protein, vitamins or minerals it contains. The use of such claims is subject to specific legal conditions.
Businesses must therefore consider not only whether the information provided is factually correct, but also whether the particular claim may legally be used for the product concerned. Nutrition claims must comply with the conditions laid down by the applicable EU legislation.
Problems may arise, for example, where a food product is advertised with a nutritional benefit but the applicable legal requirements for making that claim are not fulfilled. The relevant rules apply not only to information printed directly on packaging but also to the presentation and advertising of a product.
For businesses selling food products across several EU countries, this can be particularly important because a marketing concept, product description or package may be used simultaneously in several markets.
If an authority considers the labelling, presentation or advertising of a food product to be contrary to food law, the business may be required to explain and substantiate the information used in connection with the product.
The legal assessment may involve questions such as whether a statement constitutes a regulated nutrition claim, whether the applicable conditions for its use are satisfied and whether the overall presentation of the product could mislead consumers. The regulation aims to ensure that voluntary claims concerning food products are clear, accurate and based on the applicable requirements.
Such proceedings can have consequences extending beyond the individual product concerned. For an international food business, changes to packaging, advertising or product positioning may affect an entire product line or marketing strategy.
We advise food businesses in connection with regulatory proceedings concerning nutritional information and nutrition claims in Germany.
We can assess the statements and information challenged by the competent authority, review the relevant product packaging and advertising and examine whether the nutritional claim complies with European and German food law.
We can also communicate with the competent authorities on behalf of the business, prepare legal submissions and develop a strategy for responding to regulatory concerns. Where modifications to packaging or marketing are appropriate, we can assist in identifying a legally compliant solution while taking the commercial interests of the business into account.
For businesses operating internationally, our multilingual team can also coordinate regulatory issues affecting products marketed across several European jurisdictions.
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