For food businesses, supplement brands & retailers
Food law.
Your product. Its labelling. Your advertising.
We advise manufacturers, brands and retailers on foods and food supplements. Our focus is on labels, mandatory information, health claims and online sales. We assess unfair competition risks and contracts with your business partners in the context of the specific product.
A compelling product presentation needs claims that stand up to legal scrutiny. Our work starts with the formulation, specifications, target market and the actual packaging and advertising planned. On that basis, we define the scope of review and identify changes and outstanding evidence. Any necessary assessments by specialists in food chemistry, medicine or other scientific disciplines are identified as separate work.
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Food labelling & online shops
We review the mandatory information applicable to your product, such as its name, ingredients, allergens, nutrition information and details of the responsible business. We also assess which information must be accessible before an online purchase is concluded. Product-specific rules and exceptions are taken into account.
For food supplements, we consider labelling, the recommended daily serving, quantity and NRV declarations, and mandatory warnings together. For botanical substances and extracts, we also assess legal classification issues against the specifications. Notification to the BVL does not replace an assessment of whether the product may lawfully be placed on the market.
We review nutrition and health claims on packaging, product pages and advertising materials. Product names, images and statements by creators may also convey a health-related message. The specific meaning, the product advertised and the applicable conditions of use are decisive.
Breaches of food law may also be relevant under unfair competition law. We review misleading product presentations, unlawful claims and missing mandatory information. This includes both defending against cease-and-desist notices and taking legally justified action against specific advertising by competitors.
If you receive a letter from a regulator or an objection concerning a product, we assess the grounds, legal basis, deadlines and your documents. We agree with you on the legal response and any necessary changes. A revised label does not automatically resolve how to deal with goods already distributed.
We draft agreements covering product specifications, documentation, approvals and the handling of changes or defects. We also advise on protecting your brand. Contractual responsibilities and responsibility under food law are assessed separately.
Food businesses, supplement brands, manufacturers and retailers
We are changing the formulation and packaging. Which information needs to be reviewed again?
We compare the composition, specifications and planned labelling with the advertising claims actually used. Target markets, the presentation in your online shop and the available documents determine the agreed scope of review.
We would like legal support for our supplement brand, from product to campaign.
The label, product name, claims, manufacturing contracts and creator briefs are interconnected. Our industry page explains which documents we need and how a specific product and advertising review can be structured.
First, briefly describe the facts. We will coordinate with you how to submit further documents.
Product type, formulation, specifications, target group and sales markets
Complete views of the packaging and draft labelling
Product pages, advertising materials and existing evidence supporting the claims
Manufacturing, supply or distribution contracts and agreed approval processes
For disputes: the complete cease-and-desist notice or correspondence with regulators, including deadlines
Working with us
From the request to the mandate.
Before the assignment, we agree on the scope of services and remuneration. When taking over, we will name your legal contact person.
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Inquiry
They describe the facts, the parties involved and known deadlines.
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Acceptance of your matter
We agree on performance and compensation and name your contact person.
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Case handling
The responsible lawyer will check your documents and coordinate the procedure with you.
Food law
Questions & answers.
Do you also advise on foods other than supplements?
Yes. We also advise manufacturers, brands and retailers of other foods. The requirements depend on the product type, composition, target market and sales channel. Before work begins, we clarify which issues we will handle and which external specialist assessments are needed.
Why should the label and online shop be reviewed together?
Under Article 14 of the Food Information Regulation (LMIV), mandatory information for prepacked foods sold by distance selling must generally be available before the purchase is concluded; at that stage, the date specified in Article 9(1)(f) is excepted. All mandatory particulars must be available upon delivery. Special rules apply to certain products. In addition, online shop copy may contain advertising claims that do not appear on the label.
Can foods be advertised as treating diseases?
Article 7(3) of the Food Information Regulation (LMIV) generally prohibits information attributing to a food the property of preventing, treating or curing a human disease, or suggesting that it has such properties. This must be distinguished from health claims under the Nutrition and Health Claims Regulation, including authorised claims about reducing a disease risk, subject to their respective conditions. We therefore assess the precise wording and the overall presentation.
What should be considered for health claims about botanical substances?
A pending regulatory assessment does not amount to a general approval. In Case C-386/23 of 30 April 2025, the Court of Justice of the European Union (CJEU) addressed, in particular, claims concerning psychological or behavioural functions and general health references. In its subsequent judgment of 5 June 2025, I ZR 109/22, the German Federal Court of Justice (BGH) dismissed the advertiser’s appeal on points of law. The specific claim and the requirements of any transitional provision remain decisive. The judgments do not establish a blanket ban on botanical ingredients.
Can a labelling error lead to a cease-and-desist notice under the UWG?
It can, but this is not automatic. Among other requirements, section 3a of the German Act Against Unfair Competition (UWG) requires a rule regulating market conduct and a breach capable of appreciably impairing protected interests. Advertising may also be misleading under section 5 UWG. We also assess whether the claimant has standing and which specific claims may arise. A cease-and-desist undertaking should not be given without review.
How do we commission a review, and what does it cost?
Start by describing the product, target market, the review you need and any planned publication date. We will agree with you how further documents should be provided. The scope of review, how the work will be carried out and the fees are agreed before work begins. Initial contact does not itself mean that we have accepted instructions or taken responsibility for meeting a deadline.
SARAFI.FOOD LAW
Your concern: food law
Briefly describe your case and known deadlines. We clarify the takeover, the scope of services and the remuneration.
English translation of our German website. Statutory references concern German or EU law. The German original remains available through the language selector.