New working arrangements between Dutch Food Safety Authority and Inspection Board Health Products
Posted: April 15, 2026 Filed under: Advertising, Authors, Food, Food Supplements, Health claims, Nutrition claims Comments Off on New working arrangements between Dutch Food Safety Authority and Inspection Board Health Products
Context
In the Netherlands, self-regulation takes an important place in the legal & regulatory food enforcement landscape. Contrary to for example Germany, where food litigation takes place quite often before the civil courts, in the Netherlands many disputes between food business operators end up before the Dutch Advertising Code Committee (Reclame Code Commissie or “ACC”). Also, the ACC offers a very low threshold for consumer complaints on food products. “Self-regulation” in this context covers the set of rules for public advertising drawn up by the industry, the media and advertisers in consultation with the regulators. The Inspection Board (“Keuringsraad”), being a private body operating on behalf of the health products industry, actively monitors compliance with these rules.
Code for health products promotion
One set of these rules consists of the Code for health products promotion. One group of products covered by this code are food supplements, that usually are sold in the form of capsules, tablets, powders etc. Furthermore, this code relates to products covered by the Dutch Commodities Act (“Warenwet”) having a pharmaceutical presentation and/or for which a health-related primary function is claimed. This category of products mainly concerns products to be used externally, and their health-related primary function distinguishes them from cosmetics. The Code for health products promotion prescribes, amongst other things, that advertising of health products should be in conformity with the EU Health Claims Regulation and it should not contain medical claims.
Working arrangements
On 16 March 2026, the new working arrangements made between the Dutch Food Safety Authority (“NVWA”) and the Inspection Board were published. They are in force for a period of two years until 31 December 2027. These arrangements lay down the parties’ agreement that:
- NVWA is responsible for the interpretation and enforcement of legislation relating to health products;
- The Inspection Board is a private organization responsible for the execution of self-regulation targeting health products;
- NVWA recognizes this self-regulation driven by the Inspection Board, stimulating a high compliance rate with the health products legislation and therefore considers it appropriate to record a formal written cooperation arrangement;
- The Code for health products promotion adequately reflects the relevant content of the Dutch Commodities Act, the EU Health Claims Regulation and the Dutch Advertising Code.
- NVWA will update the Inspection Board on any changes of interpretation of this legislation and the Inspection Board will adjust the Code for health products promotion accordingly;
- The parties will regularly consult with each other for proper execution of these working arrangements.
How working arrangements shape enforcement
The above demonstrates the close links between the public body NVWA and the private body of the Inspection Board. These are also reflected in the enforcement of the Code for health products promotion, working in two complementary ways.
Inspection Board level – On the one hand, the Inspection Board offers pre-market monitoring for advertising campaigns covering health products. This is a paid service, resulting in an admission ID when found compliant. Companies that have received such admission ID will, in principle, not face any enforcement measures with respect to the advertising campaign covered by such ID. On the other hand, the Inspection Board reports to the NVWA any cases found non-compliant by means of self-regulation. Obviously, once a company is on the radar of NVWA for such non-compliance, enforcement measures such as fines and/or prohibitions to make certain marketing statements can be readily expected.
NVWA level – When food business operators or consumers report a suspected breach of food law to the NVWA, this food safety authority can revert such company or individual to the Inspection Board. However, according to the new working arrangements, this will not happen in the following cases:
- In case the notification according to the NVWA covers a serious threat for public health;
- In case the notification otherwise implies a serious risk, either in scope or in consequences, of violation of the legal provisions for advertising health products;
- If the advertising food business operator was involved in a series of violations subject to either enforcement by NVWA or regarding which it was contacted by the Inspection Board;
- If the notification cannot be evaluated, according to the NVWA, without making use of its legal powers (such as administrative coercion).
Conclusion
The rules contained in the Code for health products promotion may seem obvious, but there is a thin line between authorised health claims and unauthorised medical claims. To make this distinction is crucial, as it will be of vital importance for the qualification of a product as either a food product or potentially a medicinal product. Marketing medicinal products for which no marketing authorisation has been granted is prohibited and subject to huge fines. This is not a trivial topic, as demonstrated by the fact that recently a request for preliminary questions was made to the ECJ, covering exactly the difference between food supplements and medicinal products based on advertising of these products. Clearance of marketing campaigns for health products before launch therefore makes perfect sense.
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