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Selling food supplements in Germany: notification, claims and the borderline with medicines

Germany has no approval for food supplements — just a notification. That makes market entry look easy. The real risks sit in the ingredients, the claims and the line between a supplement and a medicine, where German authorities and courts are among the strictest in the EU.

12 min read By Alexander Baranov, Founder Updated October 2026
In one paragraph

A food supplement can be sold in Germany without approval, but the manufacturer or importer must notify the BVL no later than first placing on the market, with a label sample (§ 5 NemV). Since 1 July 2026 this works only online, it is free, and it is not an approval. Vitamins and minerals must come from the EU positive lists; there are still no binding maximum levels, so authorities apply BfR recommendations. Only authorised health claims may be used — botanical “on hold” claims are out since the CJEU’s April 2025 ruling — and disease claims are banned. A product with a relevant pharmacological effect is a medicine and needs a marketing authorisation.

The legal framework

A food supplement is a food: a concentrated source of nutrients or other substances with a nutritional or physiological effect, sold in dose form — capsules, tablets, powders in sachets, ampoules or drop bottles.

LayerWhat it governs
Directive 2002/46/EC → NemVDefinition, permitted vitamins and minerals, labelling, notification
Food and Feed Code (LFGB)National framework: deception, official controls, import, penalties
Regulation (EU) No 1169/2011 (LMIV)Food information and labelling; no disease claims
Regulation (EC) No 1924/2006Nutrition and health claims
Regulation (EC) No 1925/2006, Annex IIIProhibited and restricted substances
Regulation (EU) 2015/2283Novel foods, e.g. CBD
Medicinal Products Act (§ 2 AMG)Where a product stops being food and becomes a medicine

What you may put in

Vitamins and minerals

Only the vitamins and minerals in Annex I of Directive 2002/46/EC, in the chemical forms of Annex II, may be used (§ 3 NemV). There are still no legally binding maximum levels — neither in Germany nor at EU level. Control authorities assess products against the recommendations of the Federal Institute for Risk Assessment (BfR), which are not binding but are used in practice:

NutrientBfR recommended maximum per daily dose in supplements
Vitamin D20 µg (confirmed in 2025, with a warning against high weekly or monthly bolus doses)
Vitamin B60.9 mg
Folic acid200 µg (400 µg where aimed at reducing neural-tube defect risk)
Selenium40 µg

Harmonised EU maximum levels are back on the agenda: the Commission announced a call for evidence and consultation for 2026, and adoption is not expected before 2028.

Botanicals, amino acids and other substances

These are not harmonised. The operator must assess safety case by case; the federal and Länder substance lists give non-binding orientation. Three EU rules cut across:

  • Novel food. Anything not consumed to a significant degree in the EU before 15 May 1997 needs authorisation. CBD is still not authorised; in September 2026 EFSA issued its first positive opinion on a highly purified CBD isolate for adults at about 2 mg a day, but a Commission decision is still pending.
  • Restricted substances. Annex III of Regulation (EC) No 1925/2006 limits, for example, green-tea catechins (EGCG under 800 mg a day, with warnings) and monacolins from red yeast rice (under 3 mg a day), and bans yohimbe and certain hydroxyanthracenes.
  • Pending bans. Drafts sent to the European Parliament and Council in July 2026 would ban red yeast rice monacolins altogether and move senna, rhubarb and cascara preparations to the prohibited list, with a 12-month sell-off period. Check the status before launching such products.

Claims and advertising

  • Only authorised health claims. Under Regulation (EC) No 1924/2006 a health claim must be on the EU register, with its conditions of use met; a general claim such as “supports wellbeing” must be accompanied by a specific authorised claim.
  • Botanicals. Around 2,000 plant claims have been “on hold” for years. In Novel Nutriology (C-386/23, 30 April 2025) the CJEU held, on a German reference about saffron, that on-hold claims may not be used outside the narrow transitional rules. German courts apply this strictly.
  • No disease claims. Food information must not claim that a food prevents, treats or cures a disease (Art. 7(3) Regulation (EU) No 1169/2011, enforced through § 11 LFGB).
  • Doctors and pharmacists are no loophole. The claims rules also apply to communications addressed only to healthcare professionals (CJEU, Innova Vital, C-19/15).
  • Online and influencers. Shop texts, social-media posts and influencer content are advertising and are checked like labels — including claims made in reviews or Q&As you control.

In Germany, most supplement disputes start with a competitor’s warning letter about a claim, not with an authority.

Enforcement in practice

  • Who checks: the food-control authorities of the Land where the product is made or placed on the market, through risk-based sampling. Every food business, including online shops, must be registered.
  • What they find: EU-coordinated checks of online supplement offers have found non-compliance on most websites checked, often unauthorised claims or unauthorised novel foods.
  • Private enforcement: competitors and consumer associations send warning letters (Abmahnungen) under the unfair-competition rules, backed by quick injunctions.
Common questions

Food supplements in Germany, answered

Do food supplements need approval in Germany?

No. The manufacturer or importer must notify the BVL no later than first placing on the market, with a label sample. The notification is free and is not an approval; compliance remains the company’s responsibility.

How do I notify a food supplement to the BVL?

Online through the federal administration portal (Verwaltungsportal Bund), which has been mandatory since 1 July 2026. Each product and each flavour needs its own notification; different pack sizes can be combined.

Are there maximum levels for vitamins in Germany?

There are no legally binding maximum levels. German authorities use the BfR recommendations, for example 20 micrograms of vitamin D and 0.9 mg of vitamin B6 per daily dose. EU-wide limits are being prepared.

Can I use health claims for botanical ingredients?

Generally not. Botanical claims awaiting EU assessment (“on hold”) may not be used outside narrow transitional rules, following the CJEU’s April 2025 ruling in case C-386/23.

When is a supplement treated as a medicine?

When it is presented as treating or preventing disease, or when its composition and dose have a significant pharmacological, immunological or metabolic effect. It then needs a marketing authorisation under the Medicinal Products Act.

AB
By Alexander Baranov
Founder, BCA Unternehmensberatung · market entry and market access in Germany since 2011
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