Misleading health claims: Court bans Offset Nutrition advertising with "chocolate that makes you slim"
foodwatch calls for better monitoring of online food trade
The lifestyle brand Offset Nutrition is no longer allowed to advertise certain health claims on social media. The manufacturer Famous Brands GmbH is in breach of the European Health Claims Regulation if it claims that its shakes and chocolate bars are slimming and "perfect for losing weight", the Cologne Regional Court ruled. The consumer organization foodwatch had brought the case. It called on the incoming German government to ensure better control of online trade.
"Chocolate to lose weight? That would be nice! Offset's advertising promises are not only misleading, but also illegal. The ruling shows: The rules for health advertising also apply on Instagram & Co," explained Rauna Bindewald from foodwatch. "The problem is that the regulatory authorities are clearly overstretched when it comes to monitoring the growing online market for food with health claims - the next German government must strengthen consumer protection here."
Foodwatch criticized that food monitoring, with its fragmented structure at local level, is overburdened with the monitoring of social media advertising and online trade. The monitoring of the online market must therefore be bundled at federal level and adequately staffed. The incoming federal government should get this underway quickly, foodwatch demanded.
The European Health Claims Regulation (HCVO) is intended to protect consumers from false health claims. Food manufacturers may only advertise with claims that have successfully undergone an approval process involving the European Food Safety Authority (EFSA) and are included in an EU-wide list.
As an example, the consumer organization has taken legal action against several posts published on Offset Nutrition's Instagram channel. Offset Nutrition has 132,000 followers there. One post advertising a "bar box" reads: "Chocolate that makes you slim? 12 x YASSS! (...) All the bars in the tasting box are perfect for losing weight, balancing out cheat days and trying things out". In its ruling, the Cologne Regional Court stated that the statements "Chocolate that makes you slim?" and "perfect for losing weight" gave the impression that consuming the chocolate would lead to weight loss. These health-related statements are not permitted.
Nutritionist: bar is not suitable for losing weight
Nutrition experts also consider Offset's promises to be questionable. Prof. Dr. Diana Rubin, Head of the Center for Nutritional Medicine and Diabetology at Vivantes Humboldt Hospital in Berlin, says of Offset's "Pretty Little Meal" bar: "The bar is certainly not a new type of balanced diet, but a highly processed food with predominantly unfavorable ingredients and the addition of artificial vitamins and minerals in order to market the food in the best possible way for advertising purposes. It is certainly suitable for everyday use, a real convenience product (= finished product). A bar that promotes unhealthy eating habits due to sugar, fat, artificial flavors and high energy density is not suitable for losing weight. Especially not for healthy weight loss without the yo-yo effect. Although weight loss can in principle be achieved with meal replacement products, this is rarely sustainable. In particular, if products that are more like sweets are consumed, no fundamental change in eating habits towards a balanced diet can be expected."
Note: This article has been translated using a computer system without human intervention. LUMITOS offers these automatic translations to present a wider range of current news. Since this article has been translated with automatic translation, it is possible that it contains errors in vocabulary, syntax or grammar. The original article in German can be found here.
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