Advertising and Informing Consumers About Dietary Supplements – Navigating the EU and Hungarian Regulatory Landscape

By Katona & Partners Law Firm

1. Introduction

The marketing of dietary supplements and other food products is subject to one of the most complex and stringent legal frameworks in the European Union. These rules are not limited to traditional advertising in print or broadcast media; they extend to all forms of consumer communication – including online content, packaging, interviews, and even verbal statements made in a commercial context.

For businesses operating in the dietary supplement sector, compliance is not optional. A single ill-considered claim, image, or implication can result in enforcement action from competition authorities, consumer protection agencies, and other regulatory bodies. This article provides an EU-wide perspective with specific reference to Hungarian implementation, highlighting the key legal requirements and practical compliance strategies.

2. The Legal Basis – EU and National Framework

2.1 EU Legislative Instruments

The primary EU sources regulating advertising and consumer information on food products, including dietary supplements, are:

Directive 2006/114/EC on misleading and comparative advertising;
Regulation (EC) No 1924/2006 on nutrition and health claims made on foods;
Regulation (EU) No 1169/2011 on the provision of food information to consumers (FIC Regulation).

These are directly or indirectly incorporated into Hungarian law, notably through:

The Hungarian Food Act (Élelmiszertörvény);
Ministerial Decree 37/2004. (IV. 26.) ESzCsM on dietary supplements;
The Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices (Tpvt.).

3. Definition of Advertising and Food Information

Under EU law, “advertising” encompasses any form of communication in a commercial, industrial, or craft context intended to promote the sale of goods or services. Importantly, suggestions, implications, and inferences are considered claims in the same way as explicit statements.

“Food information” includes all information made available to the final consumer via labels, accompanying documents, modern technological tools, or even verbal statements. This broad definition captures social media posts, influencer marketing, product demonstrations, and interviews.

4. Prohibited Claims and Practices

4.1 Misleading Information

Food information must not mislead consumers, particularly in relation to:

The product’s nature, identity, properties, composition, quantity, durability, origin, or production method;
Attributing effects or properties the product does not possess;
Suggesting that the product has unique characteristics when similar products possess them.

4.2 Health-Related Prohibitions

Ministerial Decree 37/2004 and Regulation (EC) No 1924/2006 strictly prohibit:

Any suggestion that the product can prevent, treat, or cure a disease;
Claims implying that a varied, balanced diet is insufficient for adequate nutrient intake;
Fear-based messaging, or encouraging excessive consumption;
Promises relating to the rate or extent of weight loss.

5. Mandatory Accompanying Information

Where permitted health claims are used, the following must always accompany them:

A statement on the importance of a balanced diet and healthy lifestyle;
The quantity and pattern of consumption needed to achieve the claimed benefit;
Warnings for individuals who should avoid the product;
Where applicable, warnings about health risks of excessive consumption;
For disease risk reduction claims, a statement that the disease has multiple risk factors, and that modifying one factor may or may not have a beneficial effect.

6. Liability for Compliance

The food business operator under whose name the product is marketed bears primary responsibility for compliance. This includes manufacturers, importers, and distributors.

Obligations include:

Ensuring that all product-related information is accurate, lawful, and verifiable;
Monitoring all channels of communication, from labelling and advertising to public relations statements and online content;
Implementing internal approval processes to prevent the dissemination of non-compliant content.

7. Enforcement Risks and Sanctions

Hungarian authorities, including the Hungarian Competition Authority (GVH) and consumer protection bodies, have taken an increasingly strict approach to enforcing these rules. Breaches can result in:

Administrative fines;
Binding corrective orders;
Suspension of marketing campaigns;
Significant reputational harm.

Because the standard of evaluation includes indirect claims and implications, businesses must apply heightened caution even when content appears “soft” or non-promotional.

8. Best Practice Compliance Strategy

To minimise risk, businesses should adopt a structured compliance framework:

Pre-Clearance Review – All marketing, labelling, and public statements should be legally reviewed before release.
Unified Internal Protocols – Ensure marketing, PR, and sales teams operate under the same compliance standards.
Training and Updates – Provide regular staff training on evolving EU and Hungarian regulatory requirements.
Documentation – Maintain records of all claims and the evidence supporting them.

9. Conclusion

The EU and Hungarian regulatory landscape for dietary supplement advertising demands both creativity and legal precision. The scope of “advertising” is far broader than many businesses realise, and the liability regime is strict. Non-compliance can be costly – financially and reputationally.

Katona & Partners Law Firm advises clients in the food, health, and wellness sectors on how to design marketing and consumer information strategies that are attractive, competitive, and fully compliant with EU and national law. Our team’s expertise in food law, competition law, and consumer protection enables businesses to operate confidently in this highly regulated environment.

Dr. Katona Géza, LL.M. ügyvéd (Rechtsanwalt / attorney at law)

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