News
Nov 3, 2025 - Foods
ECJ prohibits repetition of nutrient content claims on medical foods
The European Court of Justice (ECJ) ruled on October 9, 2025, that for foods for special medical purposes (FSMP), information such as calorific value, fat, protein, or fiber may not be repeated on the front of the packaging.
Background
These products are specifically designed for the diet of patients with certain diseases or conditions. According to the Delegated Regulation 2016/128 (Article 6 Paragraph 2), nutritional information for such foods may not be repeated if it is already included in the mandatory information on the back.
The manufacturer argued that this information was necessary to describe the special properties and suitability of the product for medical purposes.
The ECJ saw it differently:
The nutritional information—whether provided per 100 g or per portion—is part of the mandatory nutrition declaration according to the general Food Information to Consumers Regulation (FIC). Repeating this information on the front is therefore not permitted for FSMP.
Significance of the decision for other products:
This strict regulation does not automatically apply to regular foods.
The Federal Court of Justice (BGH) is currently examining whether statements like "14 g protein per cup" on common foods also violate the FIC. Some higher regional courts have already deemed such protein statements as impermissible repetition.
Unlike medical foods, these statements on regular products may be permissible if they substantiate an allowed nutrition-related claim ("high protein content").
The legal situation for regular foods remains open and is expected to be clarified by the upcoming BGH ruling.