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Designations that can be construed as health claims may be used without an approval procedure, provided that an approved health claim is attached. You can apply for an exception to this rule for traditional names.
For the labeling and presentation of foods, as well as for the advertising of foods, certain requirements apply in the EU that are intended to contribute in particular to consumer protection.
Regulation (EC) No. 1924/2006 serves to harmonize regulations for nutrition and health claims in the labeling and presentation or advertising of foods.
So-called voluntary claims on foods must be clear, precise and substantiated in EU member states. The aim is to enable consumers to make informed and sensible choices.
Trademarks, brand names or fancy names that may be perceived as nutrition or health claims may be used without the required approval procedures if they are accompanied by a nutrition or health claim that has been approved.
Exception for traditional health claims
An exception in this regard applies to general designations that are traditionally used, for example, "cough drop." These designations may also be used without an attached authorized claim. For this, however, you must submit an application to the competent national authority.
You can submit your application to the Federal Office of Consumer Protection and Food Safety (BVL) in paper form as well as electronically. The BVL forwards the application to the EU Commission and the EU member states. The EU Commission decides on the application.
Note
The authorization of a new health claim as well as the amendment of an existing authorization of a health claim constitutes a separate procedure. You can apply for this authorization electronically via the E-Submission Food Chain (ESFC) platform of the European Commission.
Your product has a traditional product name that can be perceived as a nutrition or health claim. The category of food or beverage with the generic name has been present on the market in the Member State(s) before 11 October 1993.
The application must include, in accordance with Annex Part B of Regulation (EU) No 907/2013:
You can submit the application for exemption from the authorization procedure for nutrition and health claims by mail as well as by e-mail. Please proceed as follows:
There are no costs involved.
Information on the time limit for appealing against the BVL's decision not to forward the application to the EU Commission, pursuant to Section 70 of the German Administrative Court Code (VwGO), can be found in the appeal instructions in the notice of appeal.
After submitting the application to the EU Commission, legal action against the decision of the EU Commission is available before the European courts.