News from the Court of Justice of the European Union (EuGH) on Botanicals and their Advertising

The advertising of food products with health claims is generally prohibited unless an approved 'health claim' exists for one or more substances contained in the food product.

With plant-based substances (so-called 'botanicals'), the special situation arises that numerous applications for approval of corresponding 'claims' have not yet been conclusively processed by the EU. This repeatedly leads to legal questions with which a judgment of 30.04.2025 (C‑386/23) of the Court of Justice of the European Union (EuGH) dealt.

1. What was the case about?

A German company advertised a food supplement with reference to the plant-based ingredients Safran-Extrakt and Melonensaft-Extrakt. The advertising contained, among other things, statements such as:

• 'mood-enhancing saffron extract',
• '77 % of test subjects felt more optimistic and happier after two weeks',
• 'reduction of exhaustion and stress by 63 % through melon juice extract'.

These claims were contested by a competition association based in Germany as inadmissible within the meaning of Verordnung (EG) Nr. 1924/2006 on nutrition and health claims ("HCVO").

At the heart of the legal dispute was the question of whether such health claims concerning 'botanicals' (plant-based substances) are permissible even though the scientific assessment by the EFSA as well as the inclusion in the Community list by the Commission have hitherto been suspended or not concluded.

2. Legal assessment by the EuGH

A. Clarification on the applicability of Art. 10 para. 1 and 3 HCVO

The Court made it unambiguously clear:

• Health claims on plant-based substances may only be made if they comply with the general requirements of the Regulation and have been included in the lists of permitted claims published by the Commission (Art. 13 and 14).
• Non-specific statements ('supports general well-being') are only permitted if they are accompanied by a specifically approved claim which must also be contained in the lists.

B. No exception due to delay by the Commission

The fact that the assessment of health claims on 'botanicals' by the EFSA and the Commission has not been concluded for years does not constitute an exception from the requirement for approval. The Court emphasises:

• This is not an unreasonable restriction on business freedom (Art. 16 EU Charter of Fundamental Rights) since the protection of health and consumer protection are overriding objectives of the Regulation.
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