Food Supplements – Recommended Daily Intake: Zero

Specific labeling regulations apply to food supplements, extending beyond those for foodstuffs. For example, the portion of the product recommended for daily consumption must be specified according to Section 3 para. 2 no. 2 of the Austrian Food Supplements Ordinance (Nahrungsergänzungsmittelverordnung; NEMV).¹ But does this mean that a food supplement must be dosed for daily intake?

No, decided the Regional Administrative Court of Tyrol² in the following case:

Background

A food supplement (Vitamin D3) had the following intake recommendation: "Take 1 drop undiluted every 5th day." Additionally, the following note was printed: "The stated recommended intake amount (one drop every five days) should not be exceeded."

The responsible person at the accused food business was initially penalized because the authority was of the opinion that this labeling did not meet the requirements of Section 3 para. 2 no. 2 NEMV, as no statements were made about the daily quantity. The authority based its decision on an expert opinion from the Austrian Agency for Health and Food Safety GmbH (AGES).

Decision

The court overturned the penalty and stated that, contrary to the opinion of the authority and AGES, this labelling did indeed recommend a daily intake. This labelling could not be understood in any other way than that one drop should be taken on the 1st day, no drops on the 2nd to 5th day and only one drop again on the 6th day.

The court held that a "zero notification" for individual days also fulfils the requirements of Section 3 para. 2 no. 2 NEMV.

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Sabadello Legal inter alia specializes in representing and advising manufacturers of food products and food supplements. Our clients include both food startups as well as established SMEs and international large corporations. If you have questions about food law, please feel free to contact us.

Contact & Questions:
Andreas Sabadello, attorney at law

+43 1 9971037 office@sabadello.legal