The asterisk, much needed for generic health claims
Marketing likes to use a general, 'generic' health claim. That sounds better. For example: 'feel fit'. That is possible according to the Claims Regulation, provided that it is accompanied by a specific, authorised health claim (for example: vitamin C contributes to a normal energy balance) But what does 'accompanied by' mean? How close should the specific claim be placed: directly next to it, or somewhere on the same side of the packaging? Can it be on the back??
After a long wait, the EU Court of Justice provided the answer in the Dr Willmar Schwabe/Queisser Pharma case (C-524/18).In short: according to the EU Court of Justice, the word 'accompanied by' from article 10 paragraph 3 Claims Regulation has a visual component, among other things. The consumer should be able to see it easily. Basically, the specific health claim should therefore be close to the generic claim. However, in special cases, for example when the full text does not fit on the same side of the packaging, the specific claim may – as an exception - appear on the back of the packaging, provided that it is accompanied by an explicit reference, such as an asterisk.
Often on packaging, there will be a lot of text on the front. The asterisk placed next to the generic claim is a good solution. And then the asterisk with the specific claim on the back.
There will often be more space left in advertisements. But maybe an asterisk with a reference at the bottom of the advertisement can be used. Our tip though: use a sufficiently large font so that it is still readible enough. After all, it must be completely clear and apparent to the consumer on what exactly the general health claim is based.
Ebba Hoogenraad