Claims on your webshop: what can you say - and what can't you say?
If you run a webshop with supplements or health products, you would like to tell your customers what your product can do for them. But: what you say (or show) about a product can contain a claim, and there are some rules for that. In this blog you will read in a clear way what to look out for.
What is a claim?
A claim is any expression - think text, image or symbol - with which you state or suggest that your product has certain properties. Even if you show it indirectly (for example, a picture of someone with back pain), that can be seen as a claim. "Good for your immunity," "Helps with fatigue" and "Supports fat burning" are all examples of claims.
What kind of product are you actually selling?
Before you know what you can or cannot say, it is important to know what kind of product you are selling. There are three main groups:
- Health products (such as supplements).
These are products covered by the Commodities Act, such as:
- Vitamins and minerals
- Herbal preparations
- Products with a pharmaceutical appearance (ointments, drops).
They may not contain medical claims, but they may contain health claims, such as:
"Vitamin D helps maintain strong bones."
"Vitamin C supports the immune system."
"Magnesium contributes to normal muscle function."
Prerequisite: for dietary supplements, the claim must be officially approved by the EU. Wondering which claims you are allowed to use for which ingredient? Then check out the Claims Database of the Inspection Council, which lists the approved example claims for each nutrient and the permitted and unpermitted alternative example claims.
For products with a pharmaceutical appearance, the claim must be substantiated and in health wording. What wordings these are can be found in the Indicative List of external health products.
- Medical self-care aids
These are products that:
- Can be used without the intervention of a doctor
- Have a physical effect (so no effect via metabolism)
- Are used for prevention, treatment or relief of disease
Examples:
- Nasal, ear or eye sprays
- Plasters with an active substance
- Eczema creams
The difference between what may be said about a health product and a medical device is in the type of claim used. A health claim refers to supporting normal body functions, while a medical claim suggests that a product relieves, treats or prevents a complaint. Medical claims are allowed only if the product is registered and certified as a medical device.
- Medicines
Medicines are products that:
- Cure or prevent disease, pain or infirmity
- Affect action in the body through a pharmacological, immunological or metabolic effect
- Are used to make a diagnosis
Consider:
- Painkillers
- Antibiotics
- Also includes certain herbal medicines
These products may also have medical claims, but only if they are officially approved as medicines by the Medicines Evaluation Board. The difference between a medicine and a medical device? A medicine affects the body from the inside via an active ingredient, while a medical device primarily has a supportive or protective effect, with no pharmacological effect.
So what should you not say?
If you sell a supplement or health product, you may not make any medical claims. So avoid texts such as:
- "Helps with flu."
- "Works against joint pain."
- "Accelerates recovery from colds."
Images (e.g., handkerchiefs, sneezing people, painful faces) can also be considered medical claims.
Claims can also be context dependent. For example, the red dots on the candy wrapper are not a problem, but the red dot on the joint implies pain.
Because the Glucosamine product is a health product, it may not make a medical claim. Pain is a medical claim. So the red dot implying pain is not allowed in this one.
Changing the red dot to a green dot simply highlights the joint and no longer implies pain. For this reason, the green dot is allowed. That's how subtle a claim can be!
What are you allowed to say?
You may use health claims as long as they are approved. Think of:
- "Vitamin C supports the immune system"
- "Magnesium contributes to normal muscle function."
Rule of thumb: the claim must be about a healthy body that you want to keep healthy.
Want to write something purely for information to your target audience? That's possible in some cases. If you write a purely informational blog about an ingredient such as vitamin C, and you don't mention a specific product in it, different rules apply than for commercial statements. In principle, you can say more in an informative article, even about possible medical effects, as long as you make it clear that this is general information and not a commendation of a product or product group (such as supplements).
Still, caution is needed. If the blog is part of a commercial website or indirectly leads to a product (for example, through links or banners), the content can still be seen as indirect advertising. In that case, medical claims are also not allowed, unless it is a registered drug or medical device.
To sum up: in a truly neutral, editorial article without a commercial angle, you have a little more leeway, but as soon as there is a link to sales, the usual claim rules still apply.
What are the risks if you go too far?
Do you use medical claims with a health product? Then you run the risk of:
- Warnings from the Inspection Board, NVWA and in some cases even fines
- Reputation damage, especially in case of repetition
Tips to get it right
- Check whether your product is a supplement, drug or medical device
- Determine whether your statement is advertising or not
- Use only approved health claims
- Avoid words and images that promise anything about illness or healing
- Submit your statement to the Inspection Board - they will be happy to help you!
Written by Clarissa Boer employed by the Inspection Board - Health Advertising Specialist