“Vitalize Positive Saffron Complex works uplifting when you are feeling gloomy.” Is this claim allowed or not? It requires great accuracy when using botanicals. This claim is too strong; a more nuanced claim would have been acceptable.
The TVC and website text for Vitalize Positive Saffron Complex need to be adjusted. Why? Because the wording is stronger than what is provisionally registered as a permitted botanical claim. The Advertising Code Committee checks the wording of the on hold botanicals saffron and melissa: what is allowed is a claim that saffron and melissa (in the right quantities) contribute to a normal psychological function. Similar wording with the same meaning may also be used. But then no stronger effect may be claimed than that for which a scientific file has been submitted. The ACC finds that by combining the texts for vitamin B6 and B12, saffron and melissa the product suggests an improvement of a negative state of mind. In other words, from minus to plus. This goes further than the 'on hold' claims from the Claims Regulation database for these ingredients.
Thus: marketing, pay attention to the nuances, otherwise it will go wrong.
And another tip: botanicals should always come with a disclaimer that clearly states that the claim has not yet been scientifically evaluated by EFSA.
Conclusion: the TVC and website contain prohibited health claims (article 10 Claims Regulation), therefore the expressions are contrary to the law (art. 2 Dutch Advertising Code).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
