Berlin court bans supplement maker over misleading intolerance claims

A Berlin court has ruled against a dietary supplement manufacturer for making misleading health claims. The company advertised its product as 'well-tolerated' for people with specific intolerances—something the court deemed illegal under EU regulations. The case began when the German Competition Authority challenged the supplement provider's marketing. The authority argued that calling a product 'well-tolerated' for intolerances was an unfair health-related claim.

The Berlin Regional Court II agreed, citing a precedent from the German Federal Court of Justice. That earlier ruling stated that even suggestions of reduced negative health effects count as health claims. Under the EU Health Claims Regulation (HCVO), such statements must be officially approved. However, no EU-approved claims exist for the tolerability of dietary supplements in cases of intolerances. The product in question is also not sold in pharmacies, further weakening the company's position.

The ruling reinforces strict controls on health-related marketing for dietary supplements. Manufacturers cannot promote their products as 'well-tolerated' for specific sensitivities without EU approval. The decision aligns with existing regulations to prevent misleading consumer claims.