At a glance
- Health claims only from the EU register
- Disease claims prohibited for food
- “digestible” can already be too much
Food advertising is one of the most heavily regulated areas. Besides the UWG, the Food Information Regulation (FIR), the German Food and Feed Code, the Health Claims Regulation (HCR) and special rules for supplements and organic products apply.
Prohibition of misleading information
Under Art. 7 FIR, information must not mislead as to characteristics, composition, origin or production, must not attribute effects the food does not have, and must not highlight characteristics all similar foods share. Pictures on packaging must match the actual composition.
Health and nutrition claims
- Nutrition claims (“low fat”, “no added sugar”) only as listed in the HCR annex and under its conditions
- Health claims only if authorised in the EU register; reformulations must keep the same meaning
- General references to health benefits only with an accompanying specific authorised claim (Art. 10(3) HCR)
- Disease claims are always prohibited for food
Each statement must be assessed individually; “beautiful skin from within” was held not to be a health claim (BGH, 9 October 2025, I ZR 135/24). A single word may suffice: “bekömmlich” (digestible) for beer is an impermissible health claim (BGH, 17 May 2018, I ZR 252/16; for wine CJEU, 6 September 2012, C-544/10, Deutsches Weintor). Health claims are excluded for drinks above 1.2% alcohol.
Case examples
A product with bacterial cultures was marketed as food for special medical purposes for irritable bowel syndrome. The BGH rejected that classification; claims about relieving a disease breached Art. 7(3), (4) LMIV (13 July 2023, I ZR 68/21).
For collagen drinks, the BGH held that each statement must be assessed on its own; “beautiful skin from within” is not a health claim (9 Oct 2025, I ZR 135/24).
A juice claims “no added sugar” and “low sugar” although natural sugar exceeds the threshold. The first is lawful, the second is not.
Supplements, origin, organic
Supplements are food; advertising curative effects can turn them into unauthorised medicines. Origin claims must be accurate, with Art. 26(3) FIR information where primary ingredients come from elsewhere. “Organic” requires certification under Regulation (EU) 2018/848.
For environmental claims, see Green claims.
