Concept and legal basis of the daily ration for weight-control diets
Die Daily ration for weight-controlling nutrition is a central legal term in European and German food law. It refers to all food portions consumed within one day as part of a specially formulated diet for weight reduction, regulating both energy intake and the supply of essential nutrients. The legal definition, labeling, and composition of daily rations for weight-control diets are subject to harmonized, special legal regulations throughout Europe, which in particular aim to ensure consumer protection and clear market regulation.
Definition of terms and legal definition
European legal framework
The legal bases for daily rations for weight-controlling nutrition are mainly established by the Regulation (EU) No. 609/2013 on food intended for particular groups (foods for special medical purposes, infant formula, follow-on formula, and food for a weight-controlling diet). In addition, the following apply: Delegated Regulation (EU) 2017/1798 as well as the Implementing Regulation (EU) 2018/1799.
According to Article 2(2)(e) of Regulation (EU) No. 609/2013, foods for weight-controlling nutrition are products expressly intended to serve as a complete or partial meal replacement without further food intake on one or more days.
The daily ration in this context means the total quantity of a product which is consumed as the only food source or as a supplement to other foods within one day. It is subject to specific requirements relating to composition, labeling, and safety.
National legal provisions
The rules laid down at EU level are further specified in Germany by the Dietary Regulation (DiätV – replaced by the Food Information Regulation, LMIV) as well as the newer national regulations. The definitions and requirements from European law are directly applicable and are supplemented by specific national regulations where expressly permitted or required.
Types of daily rations in the context of weight-controlling nutrition
Categories according to energy content and intended use
In a legal context, the following main forms are distinguished:
- Formula diets for weight-controlling nutrition as a complete replacement of daily food intake (full meal):
These products contain all the necessary nutrients required for a daily ration when completely replacing conventional foods. Examples are total diet meal replacements.
- Formula diets as partial meal replacements:
Here, one or more meals per day are replaced with specially formulated products, which do not provide the complete daily ration overall.
The respective daily ration for each product group is comprehensively regulated, covering both minimum and maximum amounts for energy (in kilojoules/kilocalories), proteins, fats, vitamins, minerals, and other ingredients.
Requirements for the composition of a daily ration
Minimum and maximum values
According to Annex I of Delegated Regulation (EU) 2017/1798, daily rations for weight-controlling nutrition are subject to strict requirements:
- Energy content: The daily ration must contain at least 800 kcal and no more than 1,200 kcal.
- Nutrients: Specific minimum values, and in some cases maximum values, are established for proteins, fats, carbohydrates, vitamins, and minerals based on current scientific knowledge of reference values for the general population.
- Additives: Only certain additives listed in a positive list are permitted.
- Protein quality: The biological value of the proteins must be ensured to provide adequate nutrition.
Technological and culinary requirements
The composition of the daily ration must allow consumption of at least one, usually several, portions throughout the day. The products must not contain ingredients which, according to current scientific knowledge, pose a health risk.
Labeling requirements and advertising law
Mandatory labeling requirements
Daily rations for weight-controlling nutrition are subject to special labeling regulations according to Art. 9 and Annex V of Regulation (EU) No. 1169/2011 (Food Information Regulation, LMIV) and the specific requirements of Regulation (EU) No. 2017/1798.
The following must be indicated:
- The statement “Food for weight-controlling nutrition – complete/partial replacement of daily diet”
- The recommended consumption period, the daily ration (in grams/milliliters), as well as preparation and consumption instructions
- A warning that the product, if used as the sole source of nutrition, may present health risks if the instructions are not followed
- Detailed lists of nutritional values and ingredients
Advertising claims and health-related statements
Advertising of daily rations for weight-controlling nutrition is only permitted within the framework of the Health Claims Regulation (EC) No. 1924/2006. Misleading statements about weight loss or health benefits are prohibited; only approved nutrition and health claims are permitted.
Approval, supervision, and distribution
Approval and notification obligations
Manufacturers and distributors of such foods must before first placing the product on the market notify in accordance with national regulations and submit the relevant product documentation to the competent authority.
Supervision and market regulation
At the national level, ensuring compliance with all regulations is the responsibility of the competent state authorities (e.g., food surveillance agencies). Supervision covers compliance with regulations on composition, labeling, and advertising.
Product liability and consumer rights
Responsibilities
For violations of the requirements for daily ration, misleading labeling, or incorrect nutritional information, distributors and manufacturers are liable under general product liability law and special legal provisions (Food and Feed Code – LFGB).
Consumer protection
Specific protective provisions guarantee consumers the right to comprehensive information and protection from health risks. These include the information rights under the LMIV and special recall measures in the event of defective products.
Literature and further legal bases
- Regulation (EU) No. 609/2013
- Delegated Regulation (EU) 2017/1798
- Food Information Regulation (EU) 1169/2011
- Food and Feed Code (LFGB)
- Health Claims Regulation (EC) No. 1924/2006
Summary
Die Daily ration for weight-controlling nutrition is a complex legal term in food law that precisely regulates the composition, labeling, marketing, and responsibility for special diet products. The aim of these comprehensive regulations is to ensure a high level of consumer protection, transparency, and market security. The clear legal framework provides manufacturers, responsible parties, and consumers with a binding basis for the safe and legally compliant handling of these products.
Frequently Asked Questions
Must the daily ration for weight-controlling nutrition meet legally prescribed nutritional requirements?
Yes, in a legal context, daily rations for weight-controlling nutrition must meet specific requirements, which are predominantly regulated across Europe by Regulation (EU) No. 2017/1798 and Regulation (EU) No. 609/2013. These regulations set binding minimum and maximum values for energy content, protein, fat, vitamins, and minerals per daily ration to ensure adequate nutrient supply. For example, complete daily rations for a weight-control diet (so-called ‘formula diets’) in the context of an overall diet may provide 800 to 1200 kcal per day. Furthermore, specific contents are prescribed for certain micronutrients such as vitamin D, potassium, or magnesium. Manufacturers are obliged to formulate, declare, and regularly monitor their products in accordance with these requirements. National authorities monitor compliance, and violations can result in sales bans or fines.
Are there specific labeling requirements for daily rations in weight-reducing diets?
Yes, there are detailed legal labeling requirements for daily rations for diets intended for weight reduction. According to Art. 17 of Regulation (EU) No. 1169/2011, together with specific provisions of Regulation (EU) No. 2017/1798 and the Dietary Regulation (for remaining stocks), manufacturers must, besides the usual details such as the list of ingredients and minimum shelf life, also provide special information regarding suitability, the recommended daily intake, and an explicit warning against exclusive use without medical advice. In addition, the products must carry a notice that adequate fluid intake is necessary and that the product must not be used by pregnant women or certain risk groups without consulting medical professionals. Incorrect or missing labeling can result in market bans and administrative penalties.
Who is responsible for the supervision and control of daily rations for weight-regulating diets?
In Germany, the supervision and monitoring of these products primarily lies with the competent state authorities for food surveillance, which check compliance with legal requirements based on risk-oriented spot checks. The Federal Office of Consumer Protection and Food Safety (BVL) is also involved in certain cases, especially with nationwide or cross-border matters. In the EU, the Rapid Alert System for Food and Feed (RASFF) is also relevant for rapid exchange of potential limit violations or safety risks. Violations, such as misleading advertising, inadmissible compositions, or inadequate labeling, are sanctioned by fines, sales bans, or recalls.
What other legal restrictions apply to the advertising of daily rations for weight-controlling nutrition?
There are extensive restrictions regarding the advertising of these products. According to Regulation (EC) No. 1924/2006, health-related claims (‘Health Claims’) for daily rations for weight-regulating nutrition may only be made if they are approved by the EU. For example, it must not be suggested that significant weight loss can be achieved solely through consumption of the product without additional measures. Approved claims are clearly defined, e.g., “suitable for weight-controlling nutrition.” Misleading advertising, such as indicating an above-average or medical effect without scientific basis, is also legally prohibited.
Are daily rations for weight-regulating nutrition subject to pharmacy-only sale or are they available over the counter?
Daily rations for weight-controlling nutrition are legally classified as food, not as pharmaceuticals, and are therefore generally available over the counter. There is no requirement for sale through pharmacies or on prescription. However, individual products with special medical indications or those additionally classified as ‘foods for special medical purposes’ (FSMP) may fall into another category and be subject to corresponding sales regulations. For standard products in the category of weight-control daily rations, free sale in retail outlets, drugstores, and online shops is permitted throughout the EU, subject to general food law regulations and controls.
Are there uniform regulations on the maximum duration of use of such daily rations?
European food law does not explicitly prescribe the maximum duration of use for daily rations for weight-controlling nutrition. However, the legal requirements of Regulation (EU) No. 2017/1798 require that packaging includes a clear note that the products should not be used over an extended period without medical advice. National expert guidelines and recommendations—for example, from the German Nutrition Society or specialist associations—generally advise medical supervision from three weeks of continuous use. In special cases, manufacturers may voluntarily include recommendations on labeling to provide legal protection and enhance consumer protection.
What specific liability risks exist for manufacturers in the event of health problems in consumers?
Manufacturers bear extensive liability risks under the Product Liability Act (ProdHaftG) if consumers experience health damages caused by their daily rations for weight-controlling nutrition due to faulty composition, inadequate labeling, or insufficient warnings. In the case of unlawful products or proven negligence, in addition to civil-law claims for damages, there may also be criminal consequences and official actions such as recalls, distribution bans, and fines. Seamless quality management, careful selection of raw materials, and ongoing compliance checks are therefore essential for manufacturers and retailers to actively minimize liability risks.
