Marketing is a key tool for food businesses to stand out, attract consumers, and build trust in their products. In the EU, food-related marketing claims are carefully regulated to ensure consumer protection and fair competition. While making claims in food marketing is voluntary, those that are used must comply with relevant legal standards.
How to check if a claim is allowed?
Food business operators are responsible for ensuring compliance with legislation, which means they need a good understanding of food law when planning marketing activities. A common question from our clients is where to check whether a specific claim is permitted. Unfortunately, there is no single law, database, or website that provides clear answers to all claim-related questions.
Proposed marketing claims often need to be assessed under several pieces of legislation. It is also essential to identify whether specific provisions apply to the claim in question – which is not always straightforward. Claims that sound very similar may fall under different regulations. Some claims may be acceptable in one context but not in another.
For example, some of the following claims are always prohibited in food marketing, some are allowed under specific conditions, and others are generally permitted:
- “for flu”
- “additive-free”
- “vegan”
- “gluten-free”
- “traditional”
- “high-quality ingredients”
- “high in vitamin C”
- “baked with love”
- “natural”
- “pure”
- “helps lower cholesterol”
- “tasty”
- “environmentally friendly”
- “made in Finland”
Misleading consumers is not allowed
All voluntary food information and marketing claims must comply with Article 36 of the EU Food Information Regulation (EU) No 1169/2011. This article requires that marketing must not mislead consumers, and claims must be clear and understandable.
When assessing whether a claim is misleading, the entire presentation must be considered – including product labelling, trademarks, logos, and images. For instance, packaging featuring nature imagery may give the impression of Finnish origin when this is not the case. In such cases, the actual country of origin must be clearly stated on the label to avoid confusion.
Sometimes a statement may be factually correct but still misleading. For example, the regulation prohibits claiming a property that is not unique to the product. An example would be labelling oat flakes as “lactose-free”. Since all oat flakes are naturally lactose-free, this claim could mislead consumers, even if well-intended. While many consumers might appreciate additional information – especially those with dietary restrictions – these must still comply with the legal framework.
Only authorised nutrition and health claims may be used
Nutrition claims refer to claims that highlight the beneficial nutritional properties of a food product. Examples include “sugar-free”, “high in fibre”, or “source of vitamin C”. Health claims state a relationship between a food or ingredient and health – such as “calcium is good for bones” or “vitamin D supports the immune system”.
The use of nutrition and health claims is regulated by Regulation (EC) No 1924/2006 (the Nutrition and Health Claims Regulation). According to this regulation, only authorised claims can be used in marketing. These claims must be scientifically substantiated, evaluated by EFSA, and authorised by the European Commission. Each claim also comes with specific conditions for use that must be met by the food product.
Non-authorised claims are not permitted, even if they are supported by scientific evidence. However, it is possible to apply for authorisation of a new health claim – although the process is time-consuming and resource-intensive.
Currently, around 2,000 health claims related to botanical substances are still pending EFSA evaluation or Commission decision, despite having been submitted more than 10 years ago. These pending “on-hold” claims may still be used in marketing until the European Commission takes a final position. Many companies choose to make use of these in their communications.
Free webinar: How to get health claims approved in the EU
Do you want to stand out from the competition of food products with your own, brand new health claims? In this webinar we’ll provide an overview of the health claim approval process and the related requirements in the EU. Practical examples will also be showcased.
Health professionals may not promote health effects
The Nutrition and Health Claims Regulation prohibits referring to individual health professionals in health-related marketing communications. This includes commercial advertising and paid partnerships but does not apply to clinical work or healthcare settings. For example, a licensed nutritionist may not promote the health benefits of food products – even if the product has an authorised health claim. However, they may promote other characteristics such as taste or usability, for example in a blog or recipe collaboration.
The regulation only applies to commercial communication. It does not cover public health messaging, scientific publications, or individual counselling within healthcare.
Medicinal claims are strictly prohibited
It is prohibited to make medicinal claims about food products – that is, to imply that a food can prevent, treat, or cure disease. For example, blackcurrant juice must not be marketed as relieving flu symptoms.
The only exception is food for special medical purposes (FSMPs), where the packaging must state the disease the product is intended to help manage – for example: “FSMP for the dietary management of cow’s milk allergy”.
All other claims must be truthful and verifiable
In addition to nutrition and health claims, businesses often wish to highlight other product features. The key principles are that all claims must be truthful, understandable, and substantiated.
Claims relating to dietary patterns, ethical or religious preferences – such as “vegan” – are generally allowed. Claims about origin, such as “produced in Finland”, are also permitted within the legal framework.
However, references to organic or natural production are tightly regulated. Claims such as “organic” may only be used if the product meets the requirements of organic legislation. It is not permitted to refer to a product as “organic” if only one or two ingredients meet the criteria, unless the entire product is compliant. Additional legal provisions also apply to claims related to origin and “gluten-free” labelling.
Environmental claims – so-called green claims – such as “climate-neutral”, “biodegradable” or “responsibly made”, have become more common in food marketing. New EU legislation will soon introduce stricter rules and harmonisation for the use of such claims.
Medfiles is happy to help with food marketing legislation
The experts in Medfiles’ Food and Feed team have extensive experience in applying and interpreting food marketing legislation. We advise clients on food marketing compliance questions every week – feel free to get in touch.
Lotta Wickholm
Regulatory Affairs Expert, Food
Lotta joined Medfiles in 2021 and has since been able to apply her expertise to many client projects, especially in the area of food supplement and food legislation. Lotta studied Clinical Nutrition, Food Biotechnology and Marketing at the University of Eastern Finland.
During her career, Lotta has had the opportunity to work specifically on food supplements, including product development, ingredient legality checks, labelling and assessing the legality of health claims made in the marketing of food supplements. Lotta’s expertise also covers regulations concerning food composition and labelling, and reimbursement applications of food for special medical purposes. She also regularly writes marketing and blog texts for clients.
Prior to her current role at Medfiles, Lotta worked in the food and food supplements industry.
Pia Karjalainen
Team leader, Health claims and Nutrition // Senior Regulatory Affairs Expert, Food and feed
Pia Karjalainen has advised companies on various topics within food regulatory and scientific affairs throughout the past 15 years. She has gained wide regulatory expertise for a vast range of food categories, such as food supplements, foods for special medical purposes, food additives, novel foods and conventional foods. In recent years, Pia has expanded her areas of expertise to include animal feed and cosmetics.
Since the beginning of her regulatory career, Pia has focused on health claims, which has become her key competence area. She also has in-depth expertise in designing regulatory strategies for innovative ingredients. Her ability to understand the bigger regulatory picture and work with a solution-oriented attitude has led her to leading and handling many complex projects related to different product categories and borderline products.
Pia has earned a master’s degree in health sciences (nutrition) from the University of Eastern Finland. Prior to joining Medfiles in 2014, she worked with food regulatory affairs and as a registered dietitian in healthcare.
Text originally published on the Retikka ry website: Elintarvikkeiden markkinointi – mitä saa sanoa? – Retikka ry
