Dextro Energy loses case before the Court of Justice of the European Union (EuGH)

Dextro Energy is well known for its glucose tablets, which are individually wrapped and distributed in a cube format. The German company wanted to advertise its products with various health-related claims – but failed before the Court of Justice of the European Union.

In 2011, Dextro Energy applied for approval of health claims, including "Glucose contributes to normal muscle function during physical activity", "Glucose supports normal physical activity" and "Glucose contributes to normal energy metabolism".

In 2015, the Commission rejected approval of the claims despite the positive opinion of the European Food Safety Authority (EFSA). The Commission was of the view that the health claims in questionhealth-related claimswould send a contradictory and confusing signal to consumers, as they would be calling for the consumption of sugar, whereas according to generally accepted nutritional and health principles, a reduction in sugar consumption is recommended.

In 2016, the Commission's decision was upheld in theJudgment of 16.03.2016 – T-100/15by the General Court of the European Union. Dextro Energy lodged an appeal.

The decision of the Court of Justice of the European Union (EuGH)

None of the arguments presented by Dextro Energy succeeded. Dextro Energy's appeal was dismissed byJudgment of 08.06.2017 – C-296/16 P.

The Court of Justice of the European Union (EuGH) found no error of discretion and no misweighting by the Commission. Health claims must not be made if they are contrary to generally accepted nutritional and health principles, or if they encourage or endorse the excessive consumption of a food or discourage reasonable dietary habits. Therefore, the generally accepted nutritional and health principles were correctly taken into account as a relevant factor.

Conclusion

Dextro Energy is not permitted in the future to advertise alleged health benefits of glucose, even if the claims were to be true.