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Nutrition and Health Claims in B2B Communications – Is Regulation (EC) 1924/2006 Applicable?

Christian Ballke


Foodstuffs are intended to be ingested by the consumer but communication is not restricted to the B2C area. In the modern world, the marketing of a product regularly starts with the raw material, takes several steps of processing and passes a distribution chain. Hence, communication within business is highly important for the success of a product. However, the question therefore arises if communication within business is under the same legal framework as consumer communication. This article discusses whether Regulation (EC) 1924/2006 also governs the use of nutrition and health claims made B2B. The Regulation itself does not provide for a definite answer but there are convincing arguments that nutrition and health claims, which are not addressed to the consumer, are outside the scope of the Regulation.

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