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Recent Developments in Italy in the Field of Food Supplements Containing Botanicals

Barbara Klaus, Antonia Corini


The use of health food aimed to integrate and “enrich” the diet with vitamins and minerals and/or other substances with a nutritional or physiological effect, including botanicals and preparations based on plants, algae, fungi or lichens, is continuously increasing. Unlike other jurisdictions (e.g., Canada), in the European Union and in the Member States no homogeneous legislation exists that specifically regulates food with health-functional effects on the basis of their components of plant origin. Rather, these foods are regulated, both at the European and National levels, by various regulations adopted, inter alia, over the past years. As a matter of fact, since a total harmonisation is missing, the Member States, with regard to non-harmonized aspects, are “free” to establish further rules on food supplements. The present article gives an overview of the Italian specific provisions, as well as their interpretation and application in the legal practise through Ministerial Guidelines and case law, concerning the use of food supplements containing botanicals and the indications that may be made with regard to their beneficial effects on human health.

Dr. Barbara Klaus, lawyer, Partner at Rödl&Partner, Milan, barbara.klaus@roedl.it.
Antonia Corini is a PhD student in Agro Food System, Università Cattolica del Sacro Cuore (Italy), antonia.corini@gmail.com.

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