Higher Regional Court of Schleswig (OLG Schleswig): Health-related claims made through the use of graphics as health promises for food supplements are prohibited.

The Health Claims Regulation (HCVO) applies also to health-related claims made through images, symbols and graphics

Background – When images become health claims

Health-related advertising forfood supplementshas been a perennial issue in competition law for years. TheEU Health Claims Regulation (Regulation (EC) No. 1924/2006, HCVO)sets out preciselywhen and how health-related claimsare permitted. Advertising statements that suggest a positive effect on health, well-being or performance are only allowedif they are explicitly authorised.

Companies often attempt to circumvent these strict requirements by using "clever"visual representationsfor health-related claims – for example through athletic, vital figures or symbols that convey energy, strength or performance enhancement. But it is precisely here that theOLG Schleswighas now drawn a clear line:
Evengraphics, images or symbols can constitute health-related claimswithin the meaning of the HCVO – and are thus subject to the same legal restrictions as textual statements.

What it was about: advertising with the "fire of life" and the "phoenix from the ashes"

A provider of veganfood supplementsadvertised various products on its website with strikinggraphic elements:
An exhausted person transformed into a dynamic runner, with the heading next to it"Like phoenix from the ashes".
Another motif showed a frustrated person being contrasted with a happy couple scene – flanked by a red heart.
Further illustrations suggested that from "little" suddenly "much" would become.

TheGerman Consumer Organisations Federation (vzbv)saw in thisunlawful health-related advertisingand issued a warning to the company. In its view, the representations conveyed the impression that the product couldincrease strength, endurance or sexual performance– without there being a corresponding authorised claim under Art. 13 or 14 HCVO.

The company considered the warning to bean abusive exercise of rightsand argued that images were not "claims" within the meaning of the HCVO. The matter went to court.

The decision of the Higher Regional Court of Schleswig (OLG Schleswig)

TheOLG Schleswigupheld the consumer association's case in full (Urt. v. 30. 09. 2025 – 6 UKl 2/25Urt. v. 30. 09. 2025 – 6 UKl 2/25). The court confirmed:

"The term 'representation' in Art. 2 para. 2 no. 1 HCVO makes clear that a claim may be expressed in words or also in images."

With this, the court makes clear:All forms of representation, includingphotographs, drawings, symbols or colours, can constitutehealth-related claimswithin the meaning of the HCVO. What is decisive is solely whether they convey to the consumerthe impression of a health effect.

The illustrations used by the company werenon-specific health-related claims within the meaning of Art. 10 (3) HCVO, since they suggested an improvement in physical performance or general well-being. Since no approved specific claimno approved specific claim was attached to these representations, the advertising infringed the HCVO.

The court also rejected the defendant's arguments that the cease-and-desist letter was an abuse of rights or time-barred. For injunction claims under the UKlaG, the three-year limitation period under §§ 195, 199 BGB applies. The claimant also did not infringe the prohibition on multiple cease-and-desist letters.

The Higher Regional Court (OLG) accordingly ordered the defendant to cease the graphic advertising and to pay reimbursement of expenses to the claimant. In the event of non-compliance, a penalty of up to €250,000 is threatened.

Legal classification – The Health Claims Regulation comprehensively captures health claims comprehensively

The decision impressively confirms the broad interpretation of the term "health claims" under the HCVO. According to this, any form of communication that suggests a connection between a foodstuff and health can be covered – whether linguistic or visual.

Even the Federal Court of Justice (BGH) had in earlier decisions ("Lernstark", "Rotbäckchen", "Vitalpilze") emphasised that indirect statements concerning health or performance capability also fall under the HCVO regime. The Higher Regional Court (OLG) Schleswig builds on this and expressly extends the scope of application to pictorial representations.

It is therefore established:

Advertising images that embody "strength", "energy" or "well-being" can be regarded as unspecific health claims and are only permissible if they are combined with an approved specific claim.

Practical consequences for manufacturers and retailers

The judgment has significant practical relevance for advertising practice in the foodstuff and food supplement industry. In future, companies must pay even greater attention to ensuring that not only texts but also visual design elements are compatible with HCVO compliance.

Important recommendations for action:

• Examine visual language: Illustrations, pictograms or sporting motifs can also be rated as health claims.
• No suggested therapeutic or performance effect: Avoid any representation that suggests vitality, strength or regeneration.
• Combination with approved claims: General statements such as "for more energy" or "strengthens the immune system" are only permissible if an approved claim under Art. 13 or 14 HCVO is attached.
• Protection against cease-and-desist letters through legal review: Before publication, every campaign – whether text, image or video – should be legally reviewed.

Conclusion and legal advice

The judgment of the OLG Schleswig makes clear once again:

Health claims compliance is more than text review – it begins with design.

Manufacturers, online retailers and agencies should have their advertising materials reviewed comprehensively. Graphic health claims are prohibited as impermissible health-related claims just as much as impermissible verbal promises. Violations lead to cease-and-desist letters, injunction claims and considerable cost risks.

Our law firm competition law specialising in AVANTCORE Rechtsanwälte in Stuttgart supports you with the legally compliant design of advertising in accordance with the HCVO, in the defence against cease-and-desist letters and in the development of compliance-compliant marketing strategies.