But, after all, how can we develop, legally and effectively, promotional materials for foodstuffs and food supplements?
From a regulatory point of view, all content used in the preparation of promotional materials must ensure compliance with current legislation/regulations prior to their use. It is also essential that it has the following characteristics:
• Consistent with information (scientifically approved information and claims);
• Truthful and not misleading;
• Presents a fair balance of product effectiveness and risks;
• Images or graphics supported by current legislation/regulations;
• Appropriate use of brands, copyrights and other intellectual properties;
• Limit the company's exposure to liability.
Regulation (EU) n.º 1169/2011 of the European Parliament and of the Council of 25 October 2011 mentions fair information practices (including advertising) applicable to foodstuffs, including food supplements. Directive 2002/46/EC of the European Parliament and of the Council, of June 10, 2002, as well as Decree-Law n.º 118/2015 of June 23, also clarify the good practices applicable to the advertising of food supplements.
The person responsible for the information (advertising) provided to the general public about foodstuffs and food supplements is the food business operators (FBO) who places the product on the market. If this operator is not established in the European Union, the importer will be responsible.
If you have doubts about the legal compliance of your promotional materials, Pharmilab has a specialized team to clarify them.