Food supplements are among the most frequently challenged products in German unfair competition law. Competitors and associations enforce the strict EU rules through § 3a UWG.
Legal framework
- Health Claims Regulation (EC) 1924/2006: only authorised and listed health claims; general wellbeing claims need an accompanying authorised specific claim (Art. 10(3))
- Food Information Regulation (EU) 1169/2011: no misleading information; no claims about preventing, treating or curing diseases (Art. 7)
- NemV: mandatory particulars such as recommended daily dose and warnings
Case law
- BGH, 19 Sept 2019, I ZR 91/18 – general health claims need an accompanying specific authorised claim
- BGH, 25 June 2020, I ZR 162/16 – the specific claim must be visually linked to the general claim
- CJEU, 30 April 2025, C-386/23 – health claims for botanicals “on hold” are currently not permitted
- BGH, 6 Dec 2017, I ZR 167/16 – “Detox” is an unauthorised specific health claim
Case examples
Claim on the back only
A supplement says “for your immune system” on the front; the authorised vitamin C claim appears only on the back without a reference. That is not “accompanying” – the general claim is unlawful.
Plant extract with health promise
An ashwagandha product promises “less stress, better sleep”. As botanical claims are still on hold, such health claims are currently not allowed.
