Never-ending Debate on Food Supplements: Harmonisation or Disharmonisation of the Law?

摘要

The European Union was for many years troubled by issues related to marketing food supplements, with different qualifications of products in different countries impeding the free movement of these goods within the EU market. Ever since Directive 2002/46/EC was adopted a heated debate has been continuing regarding the marketing of these products. In view of numerous legal lapses in this area, new decisions of the European Court of Justice are presented to interpret the provisions of food law and pharmaceutical law. The present Article provides an overview of the legal provisions regarding food supplements and its interpretation, including the difficulties with the application of these rules in the legal practice; with specific regard not only to theCommunity law but also to Polish law regarding food supplements.