Functional Food & Cosmetics

Food supplements

Foodstuffs are subject to ever stricter regulation at European and national level. In addition to general foodstuffs, this applies in particular to food supplements and dietary products.

Due to the material composition of food supplements and dietary products, questions regularly arise regarding the nutrients used and the demarcation of the products from, for example, pharmaceuticals.

The labeling of these products is also comprehensively regulated in order to provide the greatest possible transparency and information to consumers.

Mandatory information can result, for example, from special legal regulations such as the Food Information Regulation. Voluntary claims are also often subject to a narrow regulatory framework, for example in the area of health or nutrition claims (keyword “health claims”).

Even minor inaccuracies can result in serious consequences and sales bans by competitors or authorities. With our comprehensive expertise, we ensure that packaging and any accompanying information are legally compliant.

Our advice in the area of food and dietary supplements includes in particular:

  • Advising around development of food supplements,
  • Assessment of the marketability of the composition, in particular with regard to nutrients, as well as applicability of the Novel Food Regulation,
  • Demarcation from other products (especially pharmaceuticals),
  • Production including delimitation of responsibility (contracts),
  • Labelling of foodstuffs
  • Examination of advertising and claims (especially with regard to the Health Claims Regulation),
  • drafting of contracts with distribution partners and channels,
  • Representation in official complaint proceedings (out-of-court and judicial representation, also in fine proceedings)

Cosmetics law

Cosmetic products are also subject to extensive European and national regulations with regard to their composition, manufacture, labeling, advertising, distribution and monitoring. The legislation is in flux and is subject to regular amendments. Here, too, the background is consumer safety. In addition, due to the material composition, questions arise regarding the delimitation of the products, for example, to medical devices or pharmaceuticals.

With our many years of experience in advising on the distribution of cosmetic products, we support companies (responsible manufacturers and distributors) in particular in the following areas:

  • Development of a cosmetic product,
  • Evaluation of the marketability of the substance composition,
  • Demarcation from other products, such as medical devices, pharmaceuticals or biocides,
  • Manufacturing and delimitation of responsibilities (contracts),
  • Labeling of cosmetic products and their ingredients (e.g. fragrances),
  • Assessment of advertising campaigns,
  • Contractual arrangements with distribution partners,
  • Examination of the admissibility of product claims that go beyond the basic benefits
  • Examination of possible extended product information
  • Representation in official complaint proceedings (out-of-court and judicial representation, also in fine proceedings)