Decision of the Higher Regional Court of Koblenz: Restrictions on health-related advertising for food products
On July 5, 2024, the Higher Regional Court of Koblenz clarified in its ruling (File no. 9 U 1314/23) that health-related claims for the product “Hohes C Immun Water” in its current form are not permissible. The court thus confirmed the decision of the Mainz Regional Court and ruled in favor of the consumer protection agency. The ruling is of significant importance to the food sector and the marketing of products based on health-promoting properties.
Background to the legal dispute
The crux of the court proceedings was the advertising of Eckes-Granini Group GmbH for the product “Hohes C Immun Water”. The beverage was advertised with statements such as “Zinc & Vitamin C contribute to the normal function of the immune system”. The consumer protection agency saw this as a violation of competition law and the requirements of the European Health Claims Regulation (EC Regulation No. 1924/2006), which sets strict criteria for health-related advertising for food products.
Requirements of the Health Claims Regulation
Food manufacturers may only use health-related statements – so-called “Health Claims” – if they have been approved by the EU Commission and included in the relevant list. In addition, the context of the statements and their presentation format must make it clear to the average consumer that the food contributes solely within the framework of a balanced diet and does not constitute a promise of healing.
Differentiated consideration of health claims
The Higher Regional Court of Koblenz examined in particular whether the advertising for “Hohes C Immun Water” complied with legal requirements. The central question was how the average consumer interprets the term “Immun Water” and the claim of supporting the immune system. The court concluded that the advertisement could be understood as suggesting that the beverage protects or strengthens the immune system, which goes beyond the permissible claims according to the Health Claims Regulation.
At the same time, the court found that the specific combination of the product name (“Immun Water”), visual language, and claim was suitable to give the consumer the impression that the drink is particularly necessary for maintaining or enhancing immune defense. This is not covered by the approved health claims.
Implications under competition law
The court regarded the advertisement as an impermissible commercial practice under § 3a of the German Act Against Unfair Competition (UWG) due to a violation of the mentioned European regulations. Companies that violate these provisions risk not only court-ordered injunctions but also competitive warnings and possibly claims for damages.
Specifics in the context of diet and health products
The ruling is particularly relevant against the backdrop that such product groups are increasingly marketed with health-related benefit promises. After the ruling, utmost care is necessary in the development and promotion of product names, claims, packaging design, and advertising campaigns to avoid misleading consumers and comply with EU regulations.
Impacts on companies and consumers
Responsibility in product marketing
For food manufacturers, the decision implies that marketing statements about health effects, especially for supporting the immune system, are subject to particularly stringent scrutiny. A lack of scientific substantiation or an excess of suggested health benefits can trigger legal consequences. The comprehensive alignment with the Europe-wide Health Claims is thereby further emphasized.
Consumer protection and market transparency
The ruling not only strengthens consumer protection by imposing stricter requirements on health claims but also ensures more transparent market communication. Misleading or exaggerated advertising messages in the food sector will henceforth be scrutinized for their compliance with legal requirements even more closely.
Interpretation and outlook
The Higher Regional Court of Koblenz’s decision fits into the jurisprudence of the lower courts, which consistently measure the admissibility of health claims against the requirements of the Health Claims Regulation. The legal situation remains complex, particularly for companies in the food sector, as each individual case is assessed separately concerning wording, context, and graphical design.
However, the final word has not been spoken in such cases: Until the appeal deadline expires, the losing company is free to file further appeals. Therefore, ongoing developments need to be carefully monitored.
For further legal questions regarding the marketing of food products and compliance with the Health Claims Regulation, the attorneys at MTR Legal are always available for confidential and individual review.
