Nutritional and health claims made by food supplements on internet market places

Sep 30, 2022
Sébastien Bouley

On September 19th 2022, the DGCCRF published the results of its survey on nutrition and health claims on food supplements performed on internet market places on 2020. The DGCCRF makes the following observation, “regulations on Nutrition and health claims that are still too often overlooked”.

The survey focused on assessing the regulatory compliance of nutrition and health claims made on food supplements sold on online marketplaces.

The DGCCRF recalls the regulatory framework for nutrition and health claims, and in particular the definition of a therapeutic claim, a prohibited claim. It specifies that a therapeutic claim is a message that attributes properties of prevention, treatment or cure of a human disease and cites as an example: “reduces arthritis pain”.

The DGGCRF gives the results of its survey carried out with 75 operators and which revealed a rate of anomalies of 60%. The authorities list the main non-conformities noted during the investigation:

  • Presence of at least one therapeutic claim (prohibited claim) found in 38 operators. The DGCCRF gave different examples of therapeutic claims noted: “… helps fight addiction”, “… is a natural antibiotic”, “… treats psychiatric illnesses”.
  • Absence of the mandatory information required by Regulation (EC) 1924/2006, INCO Regulation (EU) 1169/2011 or Directive 2002/46/EC, recorded by 30 operators. The DGCCRF noted various shortcomings: the absence of the mention referring to the importance of a varied and balanced diet, the absence of the legal sales name, the absence of the ingredient list, the absence of the net weight or even of the recommended daily dose.
  • Presence of non-compliant nutrition claims with vitamin contents lower than the minimum quantity to reach the claim “source of vitamin” (15% of the NRV / daily dose).

Following this survey, the DGCCRF issued 13 warnings, 30 injunctions and 2 reports, with the largest sellers of food supplements on online marketplaces. As part of the injunctions, the DGCCRF noted a misleading commercial practice with the presence of prohibited therapeutic and health claims as well as the use of the term “organic” for products that are not certified organic.

In addition, the DGCCRF refers operators to its new tool, on the health claims that can be used.

Orchidali can help your company to communicate nutrition and health claims according to the EU Regulations.