EU Health Claims for Food Supplements

Regulatory framework and the three-category system of claims

Regulation of health claims for food supplements operates within a sophisticated categorisation system that distinguishes between nutrition claims, health claims and medicinal claims. This distinction has fundamental practical implications for manufacturers and marketers.

Nutrition claims, such as “low fat” or “source of vitamin D”, describe the composition of a food and are permitted only if the product meets the criteria set out in the Annex to Regulation (EC) No 1924/2006. 

Health claims refer to the relationship between a food or ingredient and the claimed health benefit, for example “Vitamin C contributes to the normal function of the immune system”. Such claims are permissible only if they have been approved by the European Commission on the basis of a scientific assessment by EFSA and are listed in the EU Community Register. Manufacturers may not claim that an ingredient supports a particular bodily function unless that specific claim is included in the Register.

Medicinal claims are absolutely prohibited for food supplements because they attribute to a food the ability to prevent, treat or cure human disease. Under Article 7 of Regulation (EU) No 1169/2011 and Czech legislation, food information must not attribute to any food the properties of preventing, treating or curing a human disease, nor refer to such properties.

Claims such as “prevents arthritis”, “anti-ageing”, “reverses cellular breakdown” or “protects against viruses” are classified as medicinal claims. In Czech case law, the assessment is objective: if the average consumer perceives the claim as suggesting a therapeutic effect, it is unlawful regardless of scientific truth. Such claims may lead to the product being reclassified as a “medicinal product by presentation”.

The longevity supplement market and its conflict with regulation

The longevity supplement market—i.e., products promoted with claims about ageing, reversing biological age and cellular regeneration—operates in deep tension with the authorisation structure established by EU regulations.

Placing NMN on the market currently involves two levels of non-compliance: selling an unauthorised novel food and, typically, using unauthorised health claims. In the European Union, nicotinamide mononucleotide (NMN) is classified as an unauthorised novel food (Novel Food) under Regulation (EU) 2015/2283. This means that, unlike in other jurisdictions, the sale of NMN as a food supplement in the EU is generally prohibited until a specific authorisation is granted.

Trans-resveratrol is permitted in food supplements provided it meets purity criteria; however, no specific health claims relating to anti-ageing or longevity have been approved for resveratrol in the EU Register. Although so-called “on-hold” claims exist for resveratrol relating to cardiovascular health, claims such as “extends life” are not covered by that list and are considered prohibited.

Marketing focused on autophagy or cellular renewal is not compliant with Regulation No 1924/2006 because there are no approved health claims for spermidine in the EU Register. Spermidine-rich extracts (e.g., from wheat germ) may be permitted if they have a history of consumption, but the absence of approved claims limits promotional options.

Although collagen peptides are widely sold, they have no approved health claims in the EU relating to skin elasticity or anti-ageing properties. Specific claims exist only for vitamin C, which contributes to collagen formation—this is how many products legally circumvent this prohibition, but the claim must be attributed to vitamin C, not to collagen itself.

The critical difference between medicinal and health claims

The difference between a permitted health claim and a prohibited medicinal claim marks the line between lawful business and a criminal offence.

Examples of the distinction:

• Permitted: “Vitamin D contributes to the maintenance of normal bones.” (describes a physiological function).
• Prohibited: “Vitamin D prevents osteoporosis.” (refers to a disease).
• Prohibited: “Anti-aging formula.” (suggests treatment of the “disease” of ageing or reversal of physiological decline).

If supervisory authorities such as SZPI or SÚKL assess that a product carries medicinal claims, they may reclassify it from a food supplement to a medicinal product by presentation. This triggers a breach of the Act on Pharmaceuticals (Act No. 378/2007 Coll.), because the product is not registered as a medicine. Fines for such administrative offences may reach up to CZK 20 million, and the operator may face criminal liability for endangering public health.

A compliance crisis in the online environment

Compliance research suggests that online platforms show significantly lower compliance than brick-and-mortar stores; however, enforcement is intensifying. The State Agricultural and Food Inspection Authority (SZPI) actively monitors e-shops and uses software tools to identify non-compliant keywords.

A common misconception is that social media posts or influencer recommendations are exempt from regulation. Under the Advertising Regulation Act, the advertiser is strictly liable for the content of influencer marketing. If an influencer claims that a supplement “cured his fatigue” or “stopped ageing”, the brand owner bears responsibility for an unauthorised medicinal claim.

Risk of reclassifying a supplement as a medicinal product

The risk of reclassification by SÚKL is high for longevity products and may occur in two ways.

• Classification by function: If the product contains a substance with a confirmed pharmacological effect (e.g., high doses of therapeutic alkaloids), it is a medicine regardless of labelling.
• Classification by presentation: If the product is presented as having therapeutic or preventive properties (e.g., “A medicine for longevity”, “Reverses ageing”), it is considered a medicine by presentation.

SÚKL decisions are binding and the reclassified product must be withdrawn from the market immediately.

Strategies to reduce risk and ensure compliance

1. Ingredient check: Before manufacturing, verify whether the ingredient is permitted for use in food supplements (EU rules, national restrictions). NMN is currently problematic in the EU.
2. Verification of claims: Use only approved claims from the EU Register. Follow the exact wording and conditions of use (e.g., minimum dosage).
3. Avoid medicinal language: Remove words such as “medicine”, “treat”, “prevention”, “cure”, “inflammation”, “disease”, “chronic” or “pain”. Avoid the term “anti-aging” unless supported by a specific approved claim for skin.
4. Use of approved vitamins: Many manufacturers add approved vitamins (e.g., zinc, vitamin C, niacin) to longevity blends so they can lawfully use approved claims while remaining silent about unauthorised ingredients. This must be done transparently, without implying that the approved effect comes from the unauthorised ingredient.
5. E-commerce audit: Regularly review product descriptions, meta tags and blog posts. An educational blog article linking a specific product to disease prevention is considered unlawful advertising.

Final summary

Regulation of health claims and Novel Foods represents a fundamental barrier for the longevity supplement segment. Substances such as NMN are currently considered unauthorised Novel Foods in the EU, and their sale is risky. Claims about “anti-ageing”, “life extension” or “treating ageing” are prohibited by law, and their use may lead to high fines imposed by SZPI (up to CZK 50 million) or regional trade licensing offices (up to CZK 5 million for advertising).

Market participants must consistently distinguish between what is scientifically possible (research) and what is legally permissible in marketing (regulation). The attorneys at ARROWS advokátní kancelář are ready to audit your products and set up processes so that your business complies with both Czech and EU law. If your organisation faces uncertainty regarding EU and Czech regulations, contact us at consultation@arws.cz.

Read also:

• Dietary Supplements vs Medicinal Products in Czech Law: Key Compliance Steps
• Food Supplements vs Medicinal Products: Avoiding Reclassification in Czechia
• Dietary supplement vs. medicine vs. novel food Comparison and differentiation
• Key Healthcare, Pharma and Food Law Changes in the Czech Republic and EU in 2026
• Legal Pitfalls for Czech E-Shops Selling Abroad: VAT, GDPR and T&Cs