Food supplements
Between food and medicinal products
Food supplement law is actually a special area of food law. Nevertheless, for decades our law firm has repeatedly dealt with complex delimitation issues between dietary supplements and pharmaceuticals.
In this context, we deal with both general and specific product classification issues, verification of the marketability of food supplements and, finally, legal issues relating to health claims and product advertising.
The appearance of dietary supplements is varied and ranges from tablets and capsules to powder bags to liquid ampoules.
It contains substances that have physiological or nutritional effects – sometimes nutrients such as vitamins or minerals. Their purpose is to supply the body with those substances that may not be sufficiently absorbed with a daily diet. As food supplements, they are not subject to authorisation, but only to notification to the Federal Ministry for Consumer Protection, Food and Agriculture.
These very attractive marketing conditions from a regulatory point of view encourage us, as a law firm specialized in medical law, to provide support when it comes to not bringing a medicinal product to the market. In particular, the evaluation of the intended purpose of a food supplement and its application in legal transactions are essential aspects of our activity. Finally, in order to avoid a warning under competition law, we are also available for technical questions, such as font size or placement of product information or warnings.
Many years of experience with classics and exotics on the pharmaceutical market have contributed to the fact that our lawyers have developed a keen sense of when health claims on foods are still permissible and when the scope of the pharmaceutical regulations is opened up.