Submit an application for the use of a term as a common traditional name as an exception to the application of Article 1(3) of Regulation (EC) No 1924/2006 Unfortunately this specification of service has not yet been completely translated.

Designations that can be construed as health claims may be used without an approval procedure, provided that an approved health claim is attached. You can apply for an exception to this rule for traditional names.

Certain requirements apply in the EU to the labeling and presentation of foods, as well as to the advertising of foods, which are intended to make a particular contribution to consumer protection.

Regulation (EC) No. 1924/2006 serves to harmonize rules for nutrition and health claims in the labeling and presentation or advertising of foods.

So-called voluntary claims on foods must be clear, precise and substantiated in EU member states. This is to enable consumers to make informed and meaningful choices.

Trademarks, brand names or fancy names that may be perceived as a nutrition or health claim may be used without the required approval procedures if they are accompanied by a nutrition or health claim that has been approved.

Exception for traditional designations with health reference

An exception in this regard applies to general designations that are traditionally used, for example "cough drop". These designations may also be used without an accompanying authorized claim. For this, however, you must submit an application to the competent national authority.

You can submit your application to the Federal Office of Consumer Protection and Food Safety (BVL) in paper form as well as electronically. The BVL forwards the application to the EU Commission and the EU Member States. The EU Commission decides on the application.

Note

The authorization of a new health claim as well as the amendment of an existing authorization of a health claim constitutes a separate procedure. You can apply for this authorization electronically via the E-Submission Food Chain (ESFC) platform of the European Commission.















In accordance with Annex Part B of Regulation (EU) No 907/2013, the application must include:

  • 1. mandatory information
    • 1.1. a summary of the application
    • 1.2. details of the person making the application
    • 1.3. information on the general name which is the subject of the application
    • 1.4. information on the category of food or beverage to which the general name applies
    • 1.5. relevant data related to the use of the general name
  • 2. additional information to be provided upon request by the Member States:
    • Relevant data related to consumer understanding/perception.
  • 3. other additional information (optional)
  • The application shall be submitted to BVL in hard copy as well as electronically.
  • If the applicant fails to submit the additional information requested, if any, the application will be deemed invalid.
  • Forms available: No
  • Written form required: No
  • Informal application possible: Yes
  • Personal appearance required: No
  • Online service available: No

Preconditions

Your product has a traditional product name that can be perceived as a nutrition or health claim. The category of food or beverage with the generic name has been present on the market in the Member State(s) before 11 October 1993.

Related Links

  • Artikel 1 Absatz 4 Satz 2 der Verordnung (EG) Nr. 1924/2006
  • Verordnung (EU) Nr. 907/2013 zur Festlegung von Regeln für Anträge auf Verwendung allgemeiner Bezeichnungen
  • § 1 Absatz 2 der BVL-Aufgabenübertragungsverordnung (BVLAÜV)

Related Links

  • Informationen zum Verfahren nach Artikel 1 Abs. 4 der Verordnung (EG) Nr. 1924/2006 auf der Webseite des Bundesamtes für Verbraucherschutz und Lebensmittelsicherheit (BVL)
  • Informationen zu nährwert- und gesundheitsbezogenen Angaben über Lebensmittel (Health Claims) auf der Internetseite des Bundesamts für Verbraucherschutz und Lebensmittelsicherheit

You can submit the application for exemption from the authorization procedure for nutrition and health claims by mail as well as by e-mail. Please proceed as follows:

  • Submit your application to the Federal Office of Consumer Protection and Food Safety (BVL) in paper form as well as electronically.
    • Please send the paper version to the following address:
      Federal Office of Consumer Protection and Food Safety
      P.O. Box 11 02 60
      10832 Berlin








    • For the electronic version, please use a suitable storage medium or send it to the following e-mail address:
      poststelle@bvl.bund.de


  • The Federal Office of Consumer Protection and Food Safety (BVL) will forward your application to the EU Commission and the EU Member States.
  • The BVL and, if applicable, other affected member states will issue a statement to the European Commission.
  • The EU Commission initiates the procedure for approval of the general designation.
  • The European Commission makes a decision regarding the requested general designation.

Responsible for the content
Federal Ministry of Food and Agriculture (BMEL)

Last update or date of publication
21.06.2022