EU - Legislative and Jurisprudential Analysis Regarding the Circulation of Food Supplements at the Level of the European Union
European Union
Jul 19, 2024

This Directive has also opened the possibility of discussions on a pan - European acceptance of the definition and requirements of health, of rules on labelling these products, and of the adoption of rules regarding the traditional medicinal plants. Furthermore, all horizontal food laws also apply to food supplements, including the following regulations: food safety general requirements, responsibilities for producers and obligations regarding traceability, provision of information and recall of harmful products (Regulation (EC) No 178/2002); food preparation and hygiene based on the principles of hazard analysis and critical control points (HACCP) (Regulation (EC) No 852/2004); food labelling in order to adequately inform the consumer about the composition, properties and use of food products (Regulation (EU) No 1169/2011); the use of nutrition and health claims, which must be authorized before they can be used (Regulation (EC) No 1924/2006); conditions for the use of additives (Regulation (EC) No 1333/2008); maximum levels for residues and contaminants (Regulation (EC) NO 396/2005; Commission Regulation (EC) No 1881/2006); approval of novel foods (Regulation (EU) 2015/2283).
In some Member States, there is a well-established tradition of using certain substances, while these substances are practically absent in other Member States. As EU legislation does not include specific provisions on the use of substances other than vitamins or minerals in food supplements, the free movement of these products is governed by Articles 35 – 36 of the Treaty on the Functioning of the European Union (TFEU) and may thus be subject to national restrictions or prohibitions within the limits set out in Article 36 .
With regard to food supplements, in particular those containing substances other than vitamins or minerals, a number of borderline cases have arisen or could give rise to situations where a certain product is authorized for marketing as a food product in some Member States while the same product is classified as medicine in other Member States.
Author(s): Erimia, C. L.
Published in: RAIS Conference Proceedings,