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A company with a web shop for dietary supplements, among other things, was fined for using unapproved health claims. At issue was the use of certain search functions on the website in conjunction with a product description. This implied a link between certain components of the food and health.
Health claims are regulated by Regulation 1924/2006. This regulation defines a health claim as: 'a claim which states, suggests or implies that there is a relationship between the food (category) or a component thereof and health'. Furthermore, Article 10(1) of Regulation 1924/2006 states that health claims are prohibited except when they are included in the EU list of approved health claims.
The ruling in question imposed a fine for using unapproved health claims.
The ruling relates to the dietary supplement 'Lucovitaal, Glucosamine Chondroitin', which was sold through the company's webshop. The dietary supplement could be found on the website via the search function 'Especially for' and the category 'Muscles & Joints'. The following information could further be read with the product description:
'Lucovitaal Glucosamine Chondroitin 1500/500 mg tablets contain both Glucosamine and Chondroitin. One daily dose contains 1500 mg of Glucosamine and 500 mg of Chondroitin. Glucosamine is almost non-existent in food, and as you age, the production of glucosamine in your body decreases. Chondroitin sulfate is a glycosaminoglycan found naturally in cartilage'.
The Dutch Food and Consumer Product Safety Authority (NVWA) considers the classification of the food product via the search function 'Especially for' - 'Muscles & Joints' and the product description of the food product as health claims. The classification on the website suggests that certain components of the product have a beneficial effect on muscles and joints. Moreover, the product description gives the impression that the product has certain properties, namely "body's own substances" that are "naturally found in cartilage. These expressions together thus imply a relationship between glucosamine and chondroitin and (the functioning of) muscles, joints and cartilage.
The NVWA imposed the fine for the two statements together. The company does not object to the ruling regarding the product description. However, they do appeal against the designation of the search function on the website as a health claim.
According to the company, placing a food product under the category "Muscles & Joints" does not fall under the definition of a claim, because it does not give the impression that the food product has certain properties. The website's layout would be nothing more than an aid for consumers to navigate the website.
According to the court, a health claim does exist. Placing the foodstuff under the category 'Muscles & Joints' on the website may give the attentive consumer the impression that there is a connection between the ingredients glucosamine and chondroitin and health. This impression is reinforced by the addition 'Especially for'.
This fulfills the definition of health claim. Since there are no health claims for glucosamine and chondroitin on the EU list, the fine for using unapproved health claims therefore remains in place.
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