Botanical health claims: What the latest EU judgment means and how to navigate ‘on hold’ claims in the UK

A recent judgment from the EU’s highest court has reignited discussion around the long-standing issue of ‘on hold’ health claims for botanicals.

These are claims that have been submitted for approval but remain in regulatory limbo—neither authorised nor rejected.

What’s the issue?

A German company promoting a supplement with saffron and melon juice extracts found itself in hot water for using health claims that hadn’t been authorised. The court ruled that while companies can sell such products, they can’t advertise them using health claims that haven’t been scientifically assessed and approved.

The judgment reaffirmed the EU’s cautious stance: protecting consumers and public health takes priority over commercial flexibility. But it also highlighted the frustration many businesses feel about the lack of progress in evaluating these claims.

What about the UK?

Since leaving the EU, the UK has its own system for managing health claims. The Department of Health and Social Care (DHSC) maintains the UK’s ‘on hold’ register, which is periodically updated. While these claims don’t offer legal certainty, they can still be used—if you follow the rules.

Using ‘on hold’ claims in the UK: what you need to know

If you’re considering using an ‘on hold’ botanical health claim in your product marketing, here’s what to keep in mind:

• Check the register: The claim must appear on the UK’s official ‘on hold’ list.
• Back it up: You must hold robust, credible scientific evidence to support the claim.
• Stick to the wording: Don’t alter the meaning of the claim—changing even a single word like “normal” can mislead consumers.
• Meet the conditions: Ensure your product contains the required amount of the relevant nutrient or ingredient.
• Be clear and accurate: Claims must not exaggerate or mislead. Avoid vague or overly broad statements.
• Target the nutrient, not the product: The claim must relate to the specific nutrient or food, not the product as a whole.
• Watch your visuals: Avoid using before-and-after photos or design tricks that could imply unauthorised benefits.
• Follow DHSC guidance: Make sure your use of the claim aligns with official UK guidance, including any specific conditions.

Why it matters

Using unauthorised or misrepresented claims can lead to enforcement action, fines, and reputational damage. With the UK now increasingly diverging from the EU on how these claims are used it important understand how to use them and the potential sanctions in each market.  

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