Comfort when you are gloomy ...

“Vitalise Positive Saffron Complex will lift your spirits if you are feeling gloomy.” Is this claim allowed or not? You’ll need to be very accurate when using botanicals. This claim is too strong; a more subtle claim would have been acceptable.

The TVC and website text for Vitalise Positive Saffron Complex need to be adjusted. Why? Because the wording is stronger than what is provisionally registered as a permitted botanical claim. The Advertising Code Committee checks the wording of the on hold botanicals saffron and melissa: it is allowed is to claim that saffron and melissa (in the right quantities) contribute to a normal psychological function. Also similar wording with the same meaning may be used. But then no stronger effect may be claimed than that for which a scientific file has been submitted. The ACC finds that by combining the texts for vitamin B6 and B12, saffron and melissa the product suggests an improvement of a negative state of mind. So from minus to plus. This goes further than the 'on hold' claims from the Claims Regulation database for these ingredients.

So: marketing, pay attention to the nuances, otherwise it will go wrong.

And another tip: botanicals should always carry a disclaimer that clearly states that the claim has not yet been scientifically evaluated by EFSA.

Conclusion: the TVC and website contain prohibited health claims (article 10 Claims Regulation), so the expressions are contrary to the law (art. 2 Dutch Advertising Code).

Ebba Hoogenraad