Court of Justice of the European Union, judgment in Case C-657/24 of 17 September 2026
The Court of Justice of the EU issued a ruling following a request for a preliminary ruling from a German judge seeking the correct interpretation of Regulation (EC) No 1924/2006 on nutrition and health claims made on foods. The judge was presiding over a case brought by a trade association against the company “Kyberg Pharma” regarding the information required in a commercial advertisement for a food supplement. Specifically, while the product packaging included the (mandatory) statement regarding “the importance of a varied and balanced diet and a healthy lifestyle,” this specification was missing from the promotional message (contained in a press advertisement)—a fact which, according to the claimant, violated the Regulation.
After outlining the relevant legal provisions underpinning the decision — including Regulation (EU) No 1169/2011 on the provision of food information to consumers — the Court proceeded to analyze the specific provision at the heart of the dispute.
Article 10(2) states that health claims are permitted only if they are accompanied by the statements listed therein—including the aforementioned wording—on the labeling or, in the absence of labeling, in the presentation and advertising.
The first issue to be resolved concerns the semantic scope of the three modes of providing information. In this regard, it should be noted that, pursuant to Article 2(1)(d) of Regulation (EC) No 1924/2006—which refers back to Directive 2000/13/EC—the concept of “labelling” encompasses “any words, particulars, trade marks, brand name, pictorial matter or symbol relating to a foodstuff and placed on any packaging, document, notice, label, ring or collar accompanying or referring to such foodstuff.” Although this definition is broad in scope, the Regulation nevertheless makes a distinction between the three terms used to convey product information. Furthermore, under Regulation (EU) No 1169/2011, advertising is defined separately as “any form of message disseminated in the course of a commercial, industrial, craft or professional activity in order to promote the supply of goods or services.” Consequently, the Court holds that the “advertising” of a product constitutes a method of providing information that differs from its “labelling.” This distinction is also supported by European Commission Implementing Decision (EU) 2013/63, which states that “[u]nlike labelling, which concerns the supply of the foodstuff to the final consumer, advertising concerns the promotion of the supply of the foodstuff by the food business operator.”
The second question concerns whether the information required by Regulation (EC) No 1924/2006 must be included in product advertising if it is already contained in the labelling. The Court answers in the negative. Indeed, the aforementioned Article 10 stipulates that health-related information must appear on the label or, “in the absence of a label,” in the product’s presentation or advertising. Therefore, if—as in the case at hand—the health information mandated by Article 10 is already included on the label, there is no need for it to be repeated in the product’s advertising.
It is worth noting, incidentally, that Article 1 of the regulation states its objective is to “ensure the effective functioning of the internal market while providing a high level of consumer protection.” It should be noted that Regulation (EC) No 178/2002 on food safety explicitly states in its first recital that “The free movement of safe and wholesome food is an essential aspect of the internal market and contributes significantly to the health and well-being of citizens, and to their social and economic interests”—a concept reiterated on several occasions. Indeed, while the Court acknowledges that extending labeling requirements to advertising could ensure greater consumer protection, it maintains that, in the spirit of European legislation, this interest must be balanced against the need to ensure the effective functioning of the internal market.
