EU Health Claims for Food Supplements: Czech Rules and Liability Risks

23.3.2026 | ARROWS law firm

This comprehensive overview analyses the complex regulatory framework for health claims for food supplements in the EU, with a focus on Czech rules and the differences compared to medicinal products. The survey shows that most marketing claims on the longevity supplements market breach strict consumer protection requirements. The report summarises what marketers may legally claim and which wording exposes sellers to the risk of substantial fines, product withdrawals from the market, or criminal liability.

The photo shows a lawyer discussing the regulation of health claims.

Regulatory framework and the three-category system of claims
The longevity supplement market and its conflict with regulation
The critical difference between medicinal and health claims
The compliance crisis in the online environment
Risk of reclassifying a supplement as a medicinal product
Strategies to reduce risk and ensure compliance

Key takeaways

Health claims on food supplements are subject to strict regulation, and only claims approved by the European Commission and listed in the EU Register may be used legally. Breaches of the Food Act may result in a fine of up to .
Some popular “longevity” substances, such as NMN, are classified in the EU as unauthorised novel foods (Novel Food). Their sale in the EU is primarily unlawful regardless of the claims used, until they are authorised.
Medicinal claims such as “treats ageing” or “disease prevention” are absolutely prohibited for food supplements under the Czech Act on the Regulation of Advertising. Using such wording may lead to the product being classified as a , withdrawn from the market, and fines of up to CZK 5 million for advertising.
Online sales of supplements are subject to increased scrutiny by the Czech Agriculture and Food Inspection Authority (SZPI) and EU supervisory authorities, and e-shops and influencers are subject to the same rules. E-shops, social networks and influencer marketing are subject to the same rules as labels on packaging.
A common mistake is confusing a permitted physiological effect with a medicinal effect, which has fatal consequences in the Czech legal environment. This terminological inaccuracy may lead to high sanctions.

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.

Potential issues	How ARROWS can help (office@arws.cz)
Unauthorised health claims: On packaging, website or in advertising; risk of a fine from SZPI of up to CZK 50 million.	Audit of labels and marketing materials, compliance check with Regulation (EC) No 1924/2006.
Novel Food status (NMN, CBD, etc.): Sale of unauthorised substances.	Assessment of whether the substance is lawful for use in food supplements in the Czech Republic/EU.
Suspicion of reclassification: Of the product as a medicinal product (borderline products).	Legal analysis of composition and presentation based on SÚKL criteria.
Medicinal claims: In advertising (Act No. 40/1995 Coll.); risk of a fine of up to CZK 5 million.	Training for marketing teams, setting up compliance processes and review of PPC campaigns.
Liability for reviews: Customers publish medicinal claims in reviews.	Implementation of content moderation rules and setting up Terms and Conditions.

Strategies to reduce risk and ensure compliance

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.
Verification of claims: Use only approved claims from the EU Register. Follow the exact wording and conditions of use (e.g., minimum dosage).
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.
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.
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 office@arws.cz.

FAQ

1. Is it legal to sell NMN in the Czech Republic?
According to the current interpretation of the European Commission and the Czech SZPI, NMN (nicotinamide mononucleotide) is considered an unauthorised Novel Food. Until this substance is authorised in the EU, placing it on the market as a food/food supplement is contrary to Regulation (EU) 2015/2283 and the Food Act.

2. Can I state on my e-shop that resveratrol “slows ageing”?
No. This claim is not included in the list of approved EU health claims. Moreover, wording suggesting the slowing of ageing may be assessed as a medicinal claim (interfering with physiological functions beyond normal nutrition), which is prohibited.

3. How can I defend myself if SZPI imposes a fine on me?
An objection or an appeal may be filed against a decision imposing a fine. A timely response and legal analysis of the alleged breaches are key. Often, the fine can be reduced or the decision overturned if the authority incorrectly assessed the nature of the claim or the classification of the substance. Contact a specialised Prague-based law firm without delay.

4. Is it safe to use so-called “On-Hold” claims for herbs?
Yes, but with caution. Claims from the so-called “On-hold” list may be used temporarily if they are scientifically substantiated and do not mislead consumers. However, they must not have the character of a medicinal claim (disease prevention). This regime usually does not apply to pure substances (not herbal extracts).

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (office@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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