Health Claims and Doctor Recommendations: How to Avoid the Trap of Art. 12(c) of Regulation 1924/2006
Can you refer to a doctor's authority in advertising a food supplement or functional food? This question arises regularly in the industry. The answer is not simple, and the line between permissible information and a costly violation is extremely thin.
The Heart of the Problem: Art. 12(c)
At the heart of the issue is Art. 12(c) of EU Regulation (EC) No 1924/2006, which categorically prohibits health claims "referring to recommendations of individual doctors or health professionals". The goal is clear: to protect consumers from making purchasing decisions based on authority rather than scientifically verified facts.
Does this, however, close the door to any communication about collaboration with the scientific community? Not necessarily. It is worth adopting an interpretation that allows you to operate safely and effectively, and British guidelines provide valuable inspiration here.
The Key to Compliance: Distinguishing Endorsement from Expertise
The British approach illustrates how to navigate these regulations by distinguishing between two types of messages:
Prohibited Endorsement
This is a direct, personal recommendation of a product by a specialist in communication that simultaneously contains a health claim.
Example of a violation: "Dr Smith recommends supplement X because the vitamin D it contains supports immunity". Here the doctor's authority is used to directly reinforce the health claim, which is prohibited.
Permissible Expertise Statement
This is neutral information that a product was developed with the involvement of experts. The key is not to link it directly with a personal recommendation of a health benefit.
Compliant example: "Our supplement X was developed in collaboration with leading dietitians. It contains vitamin D, which helps in the normal functioning of the immune system".
Conclusions for Marketers: How to Apply This Knowledge in Practice?
- Speak about the process, not the recommendation: Communicate that your product is "developed in collaboration with experts" or "created based on scientific knowledge", rather than "recommended by Dr Jones".
- Separate contexts: Place information about your scientific advisory board in general sections (e.g., "About Us"), not directly on product pages where you present specific health claims. Context matters enormously!
- Analyse the entire message holistically: The supervisory body assesses all communication as a whole. Even if individual sentences are legally compliant, their combination in a single advertisement may create the misleading impression of a prohibited endorsement.
Summary
Legal compliance in food marketing is not just about avoiding penalties. It is the foundation for building long-term trust and brand credibility. Use expert knowledge in a transparent and ethical way, and your communication will be effective.
Need an audit of your marketing communications?
The line between permissible expertise and a prohibited endorsement can be blurry. If you want certainty that your advertisements and labels comply with Regulation 1924/2006, get in touch.
I will help you formulate your message so that it builds brand authority without exposing your company to sanctions from inspectorates.