(CN) - The European Union's top court Wednesday ordered herbal supplement makers to stop advertising health claims on their products that haven't been verified by EU regulators.
The European Court of Justice's restrictions for herbal substances came in a case brought by a German watchdog group against Novel Nutriology, a Hamburg-based food supplement company.
The Association for Social Competition, a Berlin-based trade association that fights unfair business practices, sued Novel Nutriology for claiming a supplement it sold containing extracts of saffron and melon juice lowered stress, gave people more energy and helped them sleep better.
The Court of Justice ruled Novel Nutriology's advertising violated EU rules because the European Commission and the European Food Safety Authority have not finished a scientific evaluation of herbal supplements. The EFSA did not immediately reply to a Courthouse News query about when the evaluation may be concluded.
In court documents, Novel Nutriology argued it could make the claims based on a study involving 50 people who took saffron extract over 30 days.
In its advertising, the company said the test found 77% of the participants "experienced an improvement in emotional balance, felt more optimistic and happier after only two weeks of use" and that "66% also felt more relaxed and dynamic." It added that 11% found their sleep had improved.
It also claimed studies have shown that extracts of melon juice "reduce feelings of stress and fatigue after four weeks."
But the Court of Justice said EU law prohibits "the use of health claims in the advertising of foods and food supplements" unless the specific claims have been authorized by EU regulators.
It said the EU requires health claims to be scientifically valid to "protect consumers and human health."
Novel Nutriology told Courthouse News it was assessing the ruling.
The Association for Social Competition did not immediately reply to a message seeking comment.
The association, whose German name is Verband Sozialer Wettbewerb, sued Novel Nutriology in a Hamburg court, which ruled against the herbal supplement maker.
Novel Nutriology eventually appealed to Germany's high court, the Federal Court of Justice, and that court asked the European Court of Justice to weigh in.
The Association for Social Competition has sued numerous companies since its founding in the 1970s. Recently, it sued Cathy Hummels, a well-known German online influencer, in a quest to crack down on surreptitious advertising by online celebrities.
Courthouse News reporter Cain Burdeau is based in the European Union.
Source: Courthouse News Service
