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Anjum Shabbir
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30th January 2020
Consumer, Health & Environment Internal Market

CJEU: References to non-specific benefits and specific health claims must be visible and clear in food packaging

In a preliminary reference made by the German Bundesgerichtshof on the positioning and visibility of non-specific benefits of food in packaging, the Court of Justice struck out packaging practices in which the packaging of a food supplement contains a reference to general, non-specific health benefits of a nutrient or food on the front of the packaging, whereas the specific health claim intended to accompany it appears only on the back of that packaging and there is no clear reference (only an asterisk), between the two. The case is Dr Willmar Schwabe (C‑524/18).

The Court of Justice interpreted Article 10(3) of Regulation 1924/2006 on nutrition and health claims made on foods, providing clarity on the terms in which consumers must be informed of general health claims made by manufacturers in food products.

The full text of the judgment is available here.

The Opinion of the Advocate General is available here.

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