The Netherlands

The Dutch inspection board published a new list of disclaimers for botanicals that can be used immediately after a health claim. If the disclaimer only applies to a part of the health claim, an asterisk may indicate this. To assure the readability and to prevent confusion, the disclaimer does not have to be mentioned after the shortened health claim on the front of a package.

The list, in use since the 1st of January 2019, includes the following disclaimers:
– Health claim awaiting approval by the European Commission
– Authorization procedure for this health claim is still ongoing
– Evaluation of the health claim is ongoing
– Health claim pending European authorization
– Evidence for this health effect is still being assessed in European authorization procedure
– The health effect has not yet been officially established

Pre-existing approvals for advertisements with botanical claims remain valid until the end of the validity of the approval. Entries without validity period (e.g. packaging), must comply with this the 1st of January 2020 at the latest.

If the advertiser himself can substantiate the claim and does not want to mention a disclaimer, the Inspection Board, together with the Advertising Code Committee, will examine which criteria apply.

More information can be found here.


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