EU Ombudsman Affirms Commission's Interpretation of "Probiotic" as a Health Claim
European Union
Jan 15, 2025
The European Ombudsman investigated a complaint by a probiotic producers' association against the European Commission's interpretation of the term "probiotic" as a health claim, requiring scientific evidence of health benefits before use on labeling and in advertising.
The Complainant argued that the negative scientific evaluations of the health benefits of probiotics and the European Commission's rejection of probiotic health claim applications constitute a de facto ban on the term "probiotic." They contended that "probiotic" does not refer to benefits to a specific body function and is only used to provide the consumer with objective information about the product; therefore, the term should be considered a nutrition claim or descriptor. They also claimed certain EU Member States have established guidelines that allow the use of the term "probiotic."
The Ombudsman upheld the Commission's interpretation that "probiotic" implies a positive health benefit, as per the WHO's definition recognized by EU Member States. They found the Commission's interpretation reasonable and protective of consumers from potentially misleading information, as the current lack of sufficient scientific evidence prevents supporting health claims. The Ombudsman also noted that Member States who allow the use of the term "probiotic" are breaching EU law, which would be for the Commission to address.
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