Legislative and Jurisprudential Analysis Regarding the Circulation of Food Supplements at the Level of the European Union

The Europe dietary supplements market exhibits a diverse end-user concentration, encompassing health-conscious individuals, fitness enthusiasts, and those seeking preventive healthcare solutions. With a growing awareness of holistic well-being, the market caters to a broad spectrum of consumers, ranging from aging populations seeking nutritional support to younger demographics embracing proactive health measures. In the context of an increasing number of products being introduced into the European Union market in the form of food products containing a concentrated source of nutrients and presented as supplementing the intake of these nutrients into the normal diet, this paper examines the regulation of the internal market of food supplements, as well as the obstacles arising to cross-border trade in dietary supplements containing substances other than vitamins and minerals. Given that European legislation does not include specific provisions on the use of substances other than vitamins or minerals in food supplements, the free movement of these products is governed by Articles 34 – 35 of TFEU/Treaty on the Functioning of the European Union and may thus be subject to national restrictions or prohibitions within the limits set out in Article 36. At the same time, the paper aims to present the relevant case-law of the Court of Justice of the European Union which restrictively interprets the list of derogations stipulated in Article 36 of TFEU, so that measures taken by Member States do not constitute a means of arbitrary discrimination or any restriction hid under the trade of food supplements containing substances other than vitamins and minerals.