Food Supplement Advertising: When Is Information on the Packaging Enough?

Food Supplement Advertising: Must every advertisement highlight the importance of a varied diet and a healthy lifestyle? In its judgment of 17 September 2026 in Case C‑657/24, Kyberg Pharma, the Court of Justice of the European Union clarified the requirements for food supplement advertising.

What Was the Dispute About?

A company advertised a food supplement supporting weight loss in the printed press. A statement highlighting the importance of a varied, balanced diet and a healthy lifestyle appeared on the packaging but was missing from the advertisement. A German association combating unfair competition brought proceedings over this omission.

What Did the Court Decide?

The Court held that written advertising does not constitute “labelling” for the purposes of Article 10(2) of Regulation (EC) No 1924/2006. The mandatory information listed in that provision does not have to be repeated in written advertising if it appears on the supplement’s labelling.

This does not give businesses unrestricted freedom to make health claims: those claims must still comply with the Regulation. The judgment clarifies where the information must appear. Read the full judgment on EUR-Lex.

What Should Businesses Review?

We recommend reviewing packaging and advertising copy together. Manufacturers and distributors should assess the health benefits their advertisements suggest and where consumers can find the necessary information.

RUZICSKA LEGAL assists businesses with the legal review of food supplement advertising, including when entering the Hungarian and Austrian markets.