The Court of Justice of the European Union (CJEU) ruled that health claims relating to botanical substances cannot be used in commercial advertising without prior authorisation, even during the prolonged suspension of the European Commission’s evaluation process. In Case C-386/23, Novel Nutriology, the Court clarified that Article 10(1) and (3) of Regulation (EC) No 1924/2006 (Nutrition and Health Claims Regulation, NHCR) maintains its prohibition on unauthorised health claims regardless of administrative delays in the assessment process. The judgment provides guidance for food business operators marketing botanical products and highlights ongoing regulatory challenges in balancing consumer protection with commercial interests. This case note examines the Court’s reasoning, situates the decision within broader CJEU case law, and explores potential regulatory reforms to address the persistent impasse surrounding botanical health claims in European Union (EU) food law.

Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods, OJ L 404, 30.12.2006, pp. 9–25