- 27/11/2025
- Posted by: Marta
- Category: Questions and answers
Dear Dario,
I ask you to clarify the conditions of use of the claim 'Approved by…' (an association of doctors or nutritionists, for example), which is seen on some food labels and advertisements. What rules apply?
Thanks as always, Gabriella
The lawyer Dario Dongo, Ph.D. in international food law, answers
Dear Gabriella, the claim 'Approved by…'must first be placed in the context of the information to which it refers, with particular attention to nutritional and health information.
'Nutrition & health claims', introduction
Yes it qualifies as health claim Any information provided in commercial information relating to food products that suggests, even implicitly, a favorable relationship between the consumption of a food – or a category thereof, or a substance contained therein – and the health of the consumer. It is instead classified as nutritional claim any information voluntarily offered in commercial information regarding the energy or nutrients that the food provides, does not provide, or provides in increased or reduced proportions.
In such cases the European rules on 'must be applied.Nutrition & Health Claims'. (1,2). Which prescribe, first of all, the conformity of:
- nutritional information, under the general conditions established in the exhaustive list in the Annex to EC Regulation 1924/06;
- claim health, under the conditions provided for only the words authorized in the reg. EU 432/12 and subsequent amendments.
The NHC regulation It also requires compliance with general information principles, (3) which include a series of prohibitions:
- on false, ambiguous and misleading information,
- on 'raise doubts about the safety and / or nutritional adequacy of other foods’,
- from 'encourage or tolerate excessive consumption of an item‘,
- from 'suggest (…) that a balanced and varied diet cannot generally provide adequate amounts of all nutrients’,
- to refer to, with texts and images, 'to changes in bodily functions that could arouse or exploit fears in the consumer'. (4)
I claim nutritional and health They are also subject to general conditions, which relate to:
- relevance of the news for human health and nutrition, in relation to quantities of food that can reasonably be consumed in the context of a balanced diet;
- bioavailability – where applicable – of the substances claimed;
- scientific and analytical basis of the claims; as well as
- comprehensibility of the information, to be referred to the consumption of the product according to the indications offered. (5)
'Approved by…', conditions of use
The indispensable premise for the use of any form of endorsement by doctors, nutritionists or voluntary associations - in commercial information (labels, advertisements, websites and social networks) - is represented by the fact that the product possesses the requisites and actually carries (on the label, at least) a claim nutritional or healthy in accordance with the rules mentioned in the previous paragraph. (6)
'National professional associations of the sectors of medicine, nutrition or dietetics and voluntary associations. In the absence of specific Community regulations relating to recommendations or endorsements by national associations of professionals in the fields of medicine, nutrition or dietetics or by voluntary associations relevant national rules may apply in accordance with the provisions of the Treaty' (EC regulation 1924/06, article 11).
Indications from the Italian Ministry of Health
The Italian Ministry of Health, in a specific circular, has indicated the criteria to be followed to verify the legitimacy of the endorsement above:
a) analysis of the conformity of the indications provided with respect to the rules in force on Nutrition & Health Claims;
b) verification of the national representativeness requirements of the professional association in the 'fields of medicine, nutrition or dietetics';
c) in the case of simple attestations such as 'recommended by ... ', 'recommended by ...'or the application of the association's logo'it will be required, during the control, to provide proof of the tests carried out in support of the attestation '. (7)
The presence of a claim nutritional or health care in compliance with European rules is therefore a necessary but not sufficient condition to legitimize the certification of specialist medical or voluntary associations. Which in turn cannot limit themselves to 'taking note' of the existence of an authorized indication to grant theirs endorsement, usually as a result of generous donations.
The attestation it must instead be the result of a specific assessment by the issuing body. Which must operate according to a specific code of conduct, pursuant to article 27- of the Consumer Code, (8) and verify the actual validity of the information on the label.
The advertising messages in support of theendorsement must not in any way mislead or appear 'particularly suggestive'for the average consumer. On these premises, the Ministry of Health reiterated the 'need to apply with the maximum rigor to the discipline referred to above'.
Consumer Code
The Italian Competition Authority (AGCM, also known as Antitrust Italia) has intervened on several occasions to sanction misleading commercial practices carried out through indications 'Approved by…', in violation of the Consumer Code (Legislative Decree 206/05 and subsequent amendments, in implementation of the Unfair Commercial Practices Directive 2005/29/EC). The most important rulings concern:
- Italian Federation of Pediatricians (FIMP) and Ovito, 2008;
- Danone – Danacol and Italian Society of General Medicine, 2009; (9)
- Unilever — Pro-Activ and Italian Society of Cardiology, 2009; (9)
- Uliveto / Rocchetta, AIGO (Italian Association of Hospital Gastroenterologists and Digestive Endoscopists) and CLU (Urological Association for Stone Diseases), 2014. (10)
Dario Dongo
Photo by RDNE Stock project: https://www.pexels.com/photo/doctors-and-nurses-in-a-hospital-6129507/
Note
(1) Regulation (EC) No 1924/2006 of the European parliament and of the council of 20 December 2006 on nutrition and health claims made on foods. Consolidated text: 12/13/2014 http://data.europa.eu/eli/reg/2006/1924/2014-12-13
(2) Commission Regulation (EU) No 432/2012 of 16 May 2012 establishing a list of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children's development and health. Consolidated text: 08/20/25 http://data.europa.eu/eli/reg/2012/432/2025-08-20
(3) See Regulation (EC) No. 1924/06, Article 3
(4) The images of the subject '(overweight or obese) before and (threadlike) after' the 'treatment' with foods or pseudo-dietary supplements that still crowd the web and local TV are therefore strictly prohibited
(5) See Regulation (EC) No. 1924/06, Article 5
(6) 'Reference to general and non-specific benefits of the nutrient or food for overall good health or well-being resulting from the state of health is allowed only if accompanied by a specific claim' on health (EC regulation no. 1924/06, art. 10.3)
(7) Cf. Circular Min. Ps. DGSAN 21.2.2011 n. 4748
(8) Legislative Decree 6 September 2005, n. 206 – Consumer Code. Normattiva (last updated to the document published on 02/24/2025). https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2005-09-06;206. See Article 27- , Codes of Conduct:
'1. Business and professional associations or organizations may adopt, in relation to one or more commercial practices or one or more specific business sectors, specific codes of conduct which define the behavior of professionals who undertake to respect these codes with the indication of the responsible person or body responsible for the control of their application.
2. The code of conduct is drawn up in Italian and English and is made accessible by the responsible person or body to the consumer, including electronically.
3. When drafting codes of conduct, at least the following must be guaranteed: protection of minors and safeguarded the human dignity.
4. The codes of conduct referred to in paragraph 1 are communicated, for the relative adhesion, to the operators of the respective sectors and kept and updated by the person in charge of the code, with the indication of the adherents.
5. The professional must be informed in advance of the existence of the code of conduct, its contents and adherence to it. inform consumers'
(9) Dongo, D. (2017, November 15). Antitrust, food review. FT (Food Times). https://www.foodtimes.eu/it/consumatori-e-salute/antitrust-rassegna-alimentare/
(10) Italian Competition Authority (AGCM). Bulletin no. 52 of 19/01/2015.
https://www.agcm.it/dotcmsdoc/bollettini/52-14.pdf
