Hungary’s competition authority launches investigation on food supplement advertising

The Hungarian Competition Authority (HCA) is turning up the heat on food supplement advertising, and the implications extend far beyond what most companies expect. In a newly launched investigation, the HCA is examining whether an advertiser’s overall audiovisual messaging attributed medicinal or healing properties to food supplement products. The message is clear. It is no longer enough to ensure that explicit claims are compliant. If the look, feel and tone of ads suggest a product can heal, the advertiser may be in breach. 

Why this matters now 

The food supplement sector has long been on the HCA's radar. Recurring compliance failures prompted the authority to release a guidance booklet setting out the rules applicable to advertisement of food supplements. The guidance, grounded in Act XLVII of 2008 on unfair commercial practices and Regulation (EU) No 1169/2011 on the provision of food information to consumers, distills three key principles:

• It is prohibited to attribute therapeutic effects to foods. Commercial communications must not claim or imply that the product can prevent, treat or cure human diseases. 
• Health claims must not reference the rate or extent of weight loss, cite endorsements from health-care professionals or organisations, or suggest that not consuming the product could harm consumers' health.
• With limited exceptions, health claims may only be used if they appear on the European Commission's list of authorised health claims.

On top of these general rules, Decree No. 37/2004 (IV. 26) of the Ministry of Health, Social, and Family Affairs on Dietary Supplements imposes sector-specific requirements, expressly prohibiting labelling, presentation, and advertising that attributes disease-preventing or curative properties to food supplements, or implies that such properties exist.

In Hungary, enforcement responsibility is shared between the National Food Chain Safety Office and the National Centre for Public Health and Pharmacy with the HCA stepping in where commercial practices cross the line into unfairness.

Current investigation and lessons from past enforcement 

The current case involves an advertiser whose commercial communications evoked symptoms associated with the common cold (e.g. coughing, sneezing, a scratchy throat, and a weakened immune system) in a manner that may have conveyed the impression that the product is capable of treating or preventing illness. What makes this case particularly significant: the HCA is scrutinizing not only the factual content of the claim but also the entire communicative effect of the advertisement, including its audiovisual and auditory elements. Even where no explicit healing claim is made, the overall impression left on the average consumer can be enough to trigger enforcement. 

The HCA's track record leaves little room for complacency.

In one landmark case, the HCA imposed a fine of HUF 100 million (EUR 280,000) after finding infringements relating to multiple products. The HCA emphasised the strict nature of the prohibition: food supplements cannot, in any way, suggest that they are able to cure or prevent any kind of illnesses. Crucially, the authority confirmed that attempts to substantiate such claims are entirely irrelevant once the prohibition is triggered. 

In another case involving weight-loss supplements marketed alongside a weight-loss service under the same brand, the HCA stressed that claims made about the service could be attributed to the supplements. The authority assessed the advertiser’s commercial communications holistically, rather than evaluating the claims in isolation by product or service line. The company under investigation admitted the infringement and offered compensation to the affected consumers in the amount of HUF 1,000 (EUR 2.8) per consumer.

The pattern is clear. The HCA looks beyond individual statements to the overall impression an average consumer is likely to form, and it expects companies to do the same.

What you should do now 

The message from the HCA is unambiguous. The food supplement sector remains a priority enforcement area, and the bar for compliance is rising. Companies that limit their review to the literal wording of individual claims are exposed to enforcement risk. 

To stay ahead of enforcement, businesses should review their advertising holistically, considering not only explicit claims but the suggestive power of imagery, tone, testimonials, and audiovisual context. Distributors and marketing authorisation holders should revisit the HCA guidance and build robust internal compliance programmes that ensure awareness of applicable rules and establish clear review procedures before campaigns go to market. Engaging legal counsel at the planning stage of marketing initiatives, rather than after regulatory scrutiny begins, can materially reduce exposure and help avoid costly proceedings.

For more information on CMS’s Competition and Consumer Protection team and Life Sciences experts who work with companies across the food supplement and consumer health sectors, contact your CMS client partner or the CMS experts who contributed to this article. 

This article was co-authored by Lili Benyovszki and Szonja Máté.