Bridging regulation and practice: CJEU and Dutch case law on botanical health claims
IntroductionEven though botanicals are increasingly popular ingredients for food supplements, health claims related to their putative bene ts remain unclearly regulated.MethodsThrough an analysis of EU and national case law from the Netherlands, including self-regulatory decision-making, we have stu...
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Frontiers Media S.A.
2025-02-01
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| Series: | Frontiers in Pharmacology |
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| Online Access: | https://www.frontiersin.org/articles/10.3389/fphar.2025.1523904/full |
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| author | Karin G. M. Lenssen Karin G. M. Lenssen Alie de Boer Alie de Boer |
| author_facet | Karin G. M. Lenssen Karin G. M. Lenssen Alie de Boer Alie de Boer |
| author_sort | Karin G. M. Lenssen |
| collection | DOAJ |
| description | IntroductionEven though botanicals are increasingly popular ingredients for food supplements, health claims related to their putative bene ts remain unclearly regulated.MethodsThrough an analysis of EU and national case law from the Netherlands, including self-regulatory decision-making, we have studied the implications of case law on botanical health claims.ResultsOur analysis reveals that there are multiple issues related to claims on botanical-containing products: whether it should be classi ed as food or medicine; what statements should be understood as health claims; what type of evidence should underlie health claims and, more specically, botanical health claims; and how to deal with online commercial communication. The case law analysis highlights rst that a gray area will continue to exist when classifying products as foods or medicinal products, particularly when it comes to products that contain botanical ingredients. Most importantly, our study also reveals that claims—even when they are on hold, like botanical claims—need a certain scienti c foundation before they can be used on products. Finally, the courts believe that even though on-hold claims will continue to give a certain level of uncertainty for food business operators, this is not a legal but rather a regulatory issue.DiscussionThe findings from our case law analysis highlight that even though case law is useful in further interpretation of legislation, it does not provide any policy advancement. In the case of botanicals, a political decision regarding their substantiation is highly desired. |
| format | Article |
| id | doaj-art-1b59a346279f4f3bb347fc16c17e08d1 |
| institution | DOAJ |
| issn | 1663-9812 |
| language | English |
| publishDate | 2025-02-01 |
| publisher | Frontiers Media S.A. |
| record_format | Article |
| series | Frontiers in Pharmacology |
| spelling | doaj-art-1b59a346279f4f3bb347fc16c17e08d12025-08-20T02:43:39ZengFrontiers Media S.A.Frontiers in Pharmacology1663-98122025-02-011610.3389/fphar.2025.15239041523904Bridging regulation and practice: CJEU and Dutch case law on botanical health claimsKarin G. M. Lenssen0Karin G. M. Lenssen1Alie de Boer2Alie de Boer3Food Claims Research Centre, Maastricht University, Venlo, NetherlandsUniversity College Venlo, Maastricht University, Venlo, NetherlandsFood Claims Research Centre, Maastricht University, Venlo, NetherlandsUniversity College Venlo, Maastricht University, Venlo, NetherlandsIntroductionEven though botanicals are increasingly popular ingredients for food supplements, health claims related to their putative bene ts remain unclearly regulated.MethodsThrough an analysis of EU and national case law from the Netherlands, including self-regulatory decision-making, we have studied the implications of case law on botanical health claims.ResultsOur analysis reveals that there are multiple issues related to claims on botanical-containing products: whether it should be classi ed as food or medicine; what statements should be understood as health claims; what type of evidence should underlie health claims and, more specically, botanical health claims; and how to deal with online commercial communication. The case law analysis highlights rst that a gray area will continue to exist when classifying products as foods or medicinal products, particularly when it comes to products that contain botanical ingredients. Most importantly, our study also reveals that claims—even when they are on hold, like botanical claims—need a certain scienti c foundation before they can be used on products. Finally, the courts believe that even though on-hold claims will continue to give a certain level of uncertainty for food business operators, this is not a legal but rather a regulatory issue.DiscussionThe findings from our case law analysis highlight that even though case law is useful in further interpretation of legislation, it does not provide any policy advancement. In the case of botanicals, a political decision regarding their substantiation is highly desired.https://www.frontiersin.org/articles/10.3389/fphar.2025.1523904/fullbotanicalsEuropean food lawfood informationvoluntary food informationrisk analysis |
| spellingShingle | Karin G. M. Lenssen Karin G. M. Lenssen Alie de Boer Alie de Boer Bridging regulation and practice: CJEU and Dutch case law on botanical health claims Frontiers in Pharmacology botanicals European food law food information voluntary food information risk analysis |
| title | Bridging regulation and practice: CJEU and Dutch case law on botanical health claims |
| title_full | Bridging regulation and practice: CJEU and Dutch case law on botanical health claims |
| title_fullStr | Bridging regulation and practice: CJEU and Dutch case law on botanical health claims |
| title_full_unstemmed | Bridging regulation and practice: CJEU and Dutch case law on botanical health claims |
| title_short | Bridging regulation and practice: CJEU and Dutch case law on botanical health claims |
| title_sort | bridging regulation and practice cjeu and dutch case law on botanical health claims |
| topic | botanicals European food law food information voluntary food information risk analysis |
| url | https://www.frontiersin.org/articles/10.3389/fphar.2025.1523904/full |
| work_keys_str_mv | AT karingmlenssen bridgingregulationandpracticecjeuanddutchcaselawonbotanicalhealthclaims AT karingmlenssen bridgingregulationandpracticecjeuanddutchcaselawonbotanicalhealthclaims AT aliedeboer bridgingregulationandpracticecjeuanddutchcaselawonbotanicalhealthclaims AT aliedeboer bridgingregulationandpracticecjeuanddutchcaselawonbotanicalhealthclaims |