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

In its ruling of 25 January 2025, the Court of Justice of the European Union (CJEU) clarified the scope of the Waste Shipments Regulation in the context of hazardous waste generated during maritime accidents. The Court concluded that “contrary to the circumstances envisaged” in its previous ruling (Conti 11. Container Schiffarts I), the shipment of the MSC Flaminia from Germany to Romania had to be subject to the prior written notification and consent procedure provided for by that Regulation. The difference between the two scenarios lies in the circumstance that, in the case at hand, part of the waste had already been offloaded, preventing the applicability of Article 1 (3) (b) exclusion. The latter, according to the Court, has a temporary nature and should be interpreted restrictively as to ensure compliance with the Union’s obligations under the Basel Convention. The judgment reinforces a precautionary, risk-based approach to hazardous waste shipments in line with supranational sustainability goals.