Netherlands – The use of the terms “Probiotics” and “Prebiotics”

 

Dutch regulator narrows the use of “Probiotics” and “Prebiotics” to a category designation

    The Dutch Inspection Board for the Promotion of Health Products (Keuringsraad), responsible for monitoring health product advertising, has announced that the terms “Probiotic” and “Prebiotics” can no longer be used as a product name; they may only be used in very limited circumstances as a neutral category description.

 

    According to Keuringsraad:

        • Not allowed as a product name: Companies can no longer market products with names like “Probiotics Plus”; simply using the term suggests a health benefit by implying that the product contains live microorganisms that have a positive effect on health.

        • Permitted only as a category indication: The only option is to use the word probiotics or prebiotics as a neutral category indication on the packaging. However, they cannot be highlighted, repeated (can only appear once on all packaging), or given more prominence than the product name or any authorised claims. Repeating the terms is considered an (implicit) health claim.

        • Excluded from marketing and promotion materials: These terms are also banned from advertising, social-media posts and other promotional material. Any commercial use risks misleading consumers by suggesting a proven health effect.

        • Exception for use on website search functions: the only exception is the use of these terms to locate products within that category without it being considered a health claim.

 

    Keuringsraad’s policy aligns with European regulations, under which probiotics are considered health claim or imply a health benefits.

    As of now, there are no approved health claims for probiotics (except the one for live yoghurt cultures in lactose digestion), the use of the term is secured by strict rules.

 

    We will keep you briefed as new information becomes available.

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‡Photo by Max van den Oetelaar on Unsplash

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