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Case C-386/23, Novel Nutriology: Judgment of the Court (Fifth Chamber) of 30 April 2025 (request for a preliminary ruling from the Bundesgerichtshof – Germany) – Novel Nutriology GmbH v Verband Sozialer Wettbewerb eV (Reference for a preliminary ruling – Consumer protection – Regulation (EC) No 1924/2006 – Nutrition and health claims made on foods – Article 10(1) and (3) – Specific conditions applicable to health claims – Articles 13 and 14 – Lists of authorised health claims – Article 28(5) and (6) – Transitional measures – Advertising promoting a food supplement using health claims relating to botanical substances contained in that supplement – Health claims the evaluation of which has been suspended by the European Commission – Applicability of Regulation No 1924/2006)
ECLI:EU:UNKNOWN:62023CA0386
62023CA0386
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Official Journal of the European Union
C series
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C/2025/3240
(Case C-386/23,
Novel Nutriology)
(Reference for a preliminary ruling - Consumer protection - Regulation (EC) No 1924/2006 - Nutrition and health claims made on foods - Article 10(1) and (3) - Specific conditions applicable to health claims - Articles 13 and 14 - Lists of authorised health claims - Article 28(5) and (6) - Transitional measures - Advertising promoting a food supplement using health claims relating to botanical substances contained in that supplement - Health claims the evaluation of which has been suspended by the European Commission - Applicability of Regulation No 1924/2006)
(C/2025/3240)
Language of the case: German
Referring court
Parties to the main proceedings
Defendant and appellant in the appeal on a point of law: Novel Nutriology GmbH
Applicant and respondent in the appeal on a point of law: Verband Sozialer Wettbewerb eV
Operative part of the judgment
Article 10(1) and (3) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods, as amended by Regulation (EC) No 109/2008 of the European Parliament and of the Council of 15 January 2008,
must be interpreted, in the context of commercial advertising of a food supplement composed of ‘botanical substances’ within the meaning of Commission Regulation (EU) No 432/2012 of 16 May 2012 establishing a list of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health, as meaning that it is not permitted, until the European Commission has completed its examination of health claims relating to botanical substances for the purposes of their inclusion in the lists of authorised health claims provided for in Articles 13 and 14 of Regulation No 1924/2006, as amended, to use specific health claims relating to such substances and describing or referring to psychological or behavioural functions, or to make reference to the general, non-specific benefits of such a substance for overall good health and health-related well-being without that reference being accompanied by a specific health claim included in those lists, unless the use of such claims is permitted under Article 28(6) of that regulation.
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(1) OJ C 338, 25.9.2023.
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ELI: http://data.europa.eu/eli/C/2025/3240/oj
ISSN 1977-091X (electronic edition)
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