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A. General
1. The Code applies in the spirit of truth, which means that the intention behind the principles and the exact wording is taken into account. It is not enough that there is an interpretation of presenting material that meets the requirements of the Code, it should not contravene to any reasonable interpretation.
2. The information provided should be factually true and not misleading.
3. Information tahat, in any part of an advertisement, including illustrations, is misleading is unacceptable, even if they are altered or contradicted elsewhere.
4. Labeling and advertising materials must be easily understandable and readable.
5. All descriptions, claims and comparisons which relate to facts objectively ascertainable must be grounded.
6. The material should be prepared so as to be readily understandable by the consumer. The impression of a quick reading is taken into account as well as any impression obtained from a detailed reading. Images, pictures, sounds, shapes, wording chosen are examples of factors that are taken into account to determine the impression, overall, obtained from the material.
7. Labeling or commercial communications shall not encourage, directly or indirectly, the use of indiscriminate, unnecessary or excessive food supplement in question.
8. Commercial communication must be clearly distinguishable from editorial content.
9. Commercial communication for food supplements should not be placed or accepted based on the juxtaposition of editorial matter, suggesting that the products are suitable for purposes for which they cannot be promoted.
10. Commercial communication shall not disparage or attack other products, goods or services.
11. Commercial communication may not denigrate traditional medicine and allopathic medicines.
12. Commercial communication must not suggest that health could be affected by not consuming the promoted food supplement.
13. Commercial communication shall not suggest that the effects of taking a food supplement are guaranteed .
Statements and comparisons
1. Food supplements should not be presented as intended for medical use (claims on the prevention, treatment or cure of diseases are not allowed), on the label or in advertising promoting to the ultimate consumer.
2. Statements that exaggerate the qualities of the product, whether direct or implied, are not allowed. Commercial Communications for food supplements should not use words like "magical", "mystical", "miraculous", "miracle product " or "unique" or synonyms thereto.
3. Negative statements or claims that dietary supplement possesse special characteristics when in fact all similar food possess such characteristics, especially highlighting in particular the presence or absence of certain ingredients and / or nutrients are not accepted.
4. Should be given special attention for the use of the term "natural" or similar in describing a food supplement. Commercial communications for food supplements that combines ingredients from natural sources with synthetic ingredients, the term "natural" should be used only in reference to ingredients to witch it applies.
5. The word "new" may not be used for food supplements for more than a year following launching on the Romanian market. To justify such a description, the company must be able to demonstrate a real novelty effect in the formulation or presentation.
6. It is prohibited to claim that administering a food supplement shall not have any side effects.
7. Health claims or the claims which suggest that can remedy the superficial signs of aging or general appearance are acceptable for food supplements if they comply with Regulation ( EC) 1924/2006 , Regulation ( EC) 432/2012 , Regulation ( EC) 563/2013 and other regulations of the Commission amending Regulation (EU ) no. 432/2012 laying down a list of permitted health claims .
8. All comparisons must be balanced, fair and justified. Comparisons shall not unfairly denigrate or disparage a competitor's product will not an ingredient or treatment. Statements about the superiority of a product versus a product concurrent must be supported by direct comparative trials or similar.
C. Health claims and testimonials
1. Commercial communication for a food supplement should not imply that the product is recommended by a member of the medical, dental, pharmaceutical or related professions. The image of people who might resemble a doctor, dentist, pharmacist, nurse or member of any related professions is not allowed in commercial communications for food supplements.
2. Recommendations or support by national associations of doctors, nutritionists or dietitians and health charity organizations are allowed according to national rules. Statements referring to recommendations of doctors or other health professionals or associations (other than those that are not national) are not allowed.
3. Information on the results of the studies, even in scientific documents, presentations and communications of the research results developed by food supplement manufacturers, can be considered commercial communication when they are related to the products that they sell and are intended for the final consumers. In this case they are falling under national and European legislation health claims.
4. Recommendations of the personalities of public life, cultural, scientific, sporting or other person who, because of their celebrity, could encourage the consumption of these food supplements or treatments are not allowed; as well as the recommendation of a product that has been authorized for sale.
D. Promotional activities for dietary supplements
1. If the labeling or commercial communication of a food supplement also mentions or offers for sale a book, a tape, any other non-medical items, or include a web address, a book, a tape, any other product non-medical or a website, they will be treated as an extension of the advertisement and are falling European and national legislation on health claims.
2. A book, box or other non medical items, even if the statements on them are general, cannot be placed in a store, in juxtaposition with a product for which these claims could not be made.
3. Seminars to describe properties of active substances must not relate or describe food supplements, if they are for the final consumer and not for medical professionals, and
this includes the related billboard, samples of products, catalogs or other advertising. Advertisements on this seminar cannot mention / describe products.
4. Companies articles, brochures, fact sheets which describe the properties of the ingredients should not mention or be associated in any way with the brand names of the food supplements.
5. When sales promotions are directed to children or where products for adults can be obtained by children, prospectuses or promotional material accompanying objects should provide the necessary safety warnings.
6. Commercial communication of food supplements will not encourage or influence children to impose their wishes and preferences in buying these products. Do not advertise food supplements containing fun or games component for children under 12.
7. There will be no direct promotion to children under 12 years than in the presence of adults.
E. Specific principles for food supplements
1. Its name reflects the true nature of the food and shall be referred to as "food supplement "; it should apply to all food supplements.
2. If nutrition claims are used, it must be in accordance with Romanian and EU legislation on labeling.
3. Claims that a food supplement provides certain nutrients can be made only if the label is provided on a proper size.
4. The biological function of nutrients can be conveyed but in general, statements relating to risk reduction shall be regarded as medical indications (prevention). If the claim is indirect, and applicable rather to ingredients than the product as a whole, it must be made clear to the consumer and comply with legislation on health claims.
5. Where appropriate, health claims must be made within the global diet and lifestyle suggestions, for example: " If eaten as part of a diet low in fat "or "can help to keep ... then it is included as part of a diet and a healthy lifestyle . "
6. Commercial communications aimed at groups of people who may benefit from daily intake of supplements should clearly state the target group, such as "those who have inadequate nutritional meals, the elderly, children, athletes in training, breastfeeding and pregnant women."
7. Health claims should not suggest that food consumption cannot provide a healthy diet or that may suggest vitamin or mineral deficiencies.
8. Commercial communications for food supplements should avoid any suggestion that they can substitute a balanced diet.
9. Health and nutritional claims listed in the Annex to Regulation (EC) 1924/2006 , Regulation
(EC) 432/2012 and Regulation (EC) 563/2013 are allowed in commercial communications directed at consumers:
https://ec.europa.eu/food/food-feed-portal/screen/health-claims/eu-register