Food Supplements

The legal hurdles for placing on the market in Germany are comparatively low. There is no pre-market authorization requirement. However, before first placing a food supplement on the market, it must be notified. This does not relieve the food business operator of responsibility. The food supplement must be marketable, whether with regard to food labeling, i.e., what must or may appear on the label, or the composition (specification). Particular attention must be paid, for example, to the required distinction from medicinal products and the permissibility of contained ingredients under the Novel Food Regulation (Regulation (EU) No. 2015/2283). A non-marketable food supplement can cause significant problems for those responsible, particularly under competition law and criminal law.

I help you establish a marketable and attractive food supplement on the market. Benefit from my many years of experience advising leading manufacturers of food supplements (FS) in Germany.

Rely on my experience. As an author of the practical handbook “Food Supplements & Special Foods,” section: Food Supplements, Behr’s Verlag, I possess in-depth expertise in the field of food supplements.

Differentiation and definition

Not every product automatically qualifies as a food supplement. The distinction from foods and medicinal products is crucial and often disputed. I assist with:

• Legally compliant categorization of your product
• Distinction between food and food supplement
• Exclusion of medicinal product classification

Competition law

I will of course also assist you if you have received a warning letter. If you have been warned by a competitor or by the Verband Sozialer Wettbewerb (VSW), the Wettbewerbszentrale, the Schutzverband gegen Unwesen in der Wirtschaft e.V. (Schutzverband), or another “warning association,” prompt legal assistance is urgently required. Together, we will develop a strategy to defend your rights.

Health claims and advertising rules

Health claims for foods, and therefore also for food supplements, are strictly regulated. Not all statements are permitted:

Only authorized health claims are allowed

Novel Food – new foods

Innovative ingredients often fall under the Novel Food Regulation. I assist you with:

• Assessment of Novel Food status
• Authorization procedures (EU Novel Food Catalogue)
• Traditional foods from third countries

Startup advisory

Are you developing an innovative food supplement product?

As a startup, you face the challenge of meeting complex legal requirements in order to successfully distribute food supplements in Germany. I am a specialized attorney for food supplements and support you at every step of your journey.

I support you from the very beginning:

• Product screening and permissibility
• Market studies and competitive analysis
• Founding support and compliance setup

Official controls and placing on the market

The competent supervisory authorities regularly inspect food supplements. I help you be prepared and respond quickly.

Why legal advice is essential