Purpose This study examines how the incomplete implementation of Regulation European Commission No 1924/2006 (Health Claims Regulation) affects marketing strategies in the European Union food supplement sector. It explores how national-level interpretations of the regulation influence the use of health claims on food products. Design/methodology/approach An interdisciplinary approach combining doctrinal legal analysis with qualitative empirical research was employed. Germany was selected as the case study due to its status as the largest market in the EU. The regulatory framework governing the use of health claims in the German food supplement sector was examined. Additionally, semi-structured expert interviews were conducted with representatives from seven German food supplement manufacturers, ranging from small and medium-sized enterprises to larger companies. Findings Results indicate that companies adopt diverse strategies to adapt to the inconsistent enforcement of the Health Claims Regulation. Its fragmented legal implementation was considered an obstacle to market entry, increasing administrative and legal burdens, and elevates the risk of sanctions by regulatory authorities. Originality/value This research provides novel insights into the intersection of EU food law and marketing practices. It underscores the urgent need to advance regulatory coherence concerning the usage of health claims in the EU, to ensure fair market conditions, legal certainty for manufacturers, and also consumer protection and trust in health-related food information.
Warda et al. (Mon,) studied this question.