GVH guidance on health and nutrition claims in food and dietary supplement advertising

On 7 April 2026, the Hungarian Competition Authority (GVH) published a guidance booklet on the rules governing health, nutritional and medicinal claims that may be used in advertising and commercial practices related to foodstuffs and dietary supplements. The regulatory framework is complex, comprising both Hungarian and EU-level rules and case law.

Legal background and corresponding enforcement

Businesses frequently use claims relating to the nutritional content of products and their potential effects on the human body. While such claims are not prohibited in general, their use is strictly regulated under both Hungarian and EU law.

The GVH has accumulated significant enforcement experience in recent years regarding health and nutrition claims used in the marketing of foodstuffs and dietary supplements. For example, in late 2024, the GVH imposed a fine of EUR 265k on a German-based fitness brand, inter alia, for advertising prohibited medicinal and health claims. In August 2024, Hungarian beauty company undertook significant consumer redress in connection with similar claims. In autumn 2023, a German beverage manufacturer received a warning for unfounded claims relating to hangover relief.

Drawing on its enforcement experience and the relatively high number of infringing practices identified, the GVH has now published a guidance booklet for businesses seeking to ensure compliance.

Key rules highlighted by the GVH

The guidance booklet comprehensively covers the rules applicable to health, nutritional and medicinal claims used in food advertising and other commercial practices and provides concrete examples of both compliant and infringing practices.

The GVH highlights the following key rules in particular:

Prohibition of medicinal claims
It is prohibited to attribute medicinal effects to foodstuffs under any circumstances. Accordingly, commercial practices relating to foodstuffs may not attribute to a product any properties relating to the prevention, treatment or cure of human diseases, nor may they refer to such properties.

Prohibited health claims
The following categories of health claims are strictly prohibited: claims referring to the rate or degree of weight loss; claims referencing recommendations of individual doctors, health professionals or other organisations and claims suggesting that not consuming the food could have an effect on health.

Authorised health claims only from the EU list
Health claims that do not fall within the above prohibited categories may, with certain exceptions, only be used if they are listed as authorised in the European Commission’s register of permitted health claims.

GVH recommendations for companies

The GVH recommends that businesses take the following considerations into account when designing commercial communications for food products and dietary supplements:

• Companies should study the GVH’s published guidance material and take into account the advice and recommendations contained therein.
• It is advisable to seek professional advice from organisations experienced in the relevant legal requirements at an early stage of planning commercial communications.
• It is advisable to monitor the prevailing enforcement practice of the GVH.
• Companies may consider:
  • developing an internal compliance programme to ensure awareness of applicable rules and internal procedures necessary for compliance;establishing a monitoring system and reporting process tailored to the corporate structure and operations; and
  • establishing control points to enable identification of potential deficiencies and, where necessary, imposing sanctions (including termination of contracts).

Implementation of the above points requires close cooperation within companies and with external advisers; however, their practical execution can significantly reduce the risk of fines.

For legal advice on pharmaceutical regulatory, competition or consumer protection law in Hungary, please contact our Corporate M&A team.