Unacceptable health claims for the reduction of skin wrinkles
OLG Stuttgart, judgment of 4.11.2021, 2 U 49/21 - Inadmissible health claims for the reduction of skin wrinkles
Statements about the reduction of skin wrinkles in the advertising of a food product are to be classified as specific health claims within the meaning of Article 10 of Regulation (EC) No. 1924/2006 of the European Parliament and of the Council (so-called Health Claims Regulation), if the optical effect of an increase in physical functions is described. The classification depends on the circumstances of the advertisement, in particular on whether the claim is used in a health-related context. It is sufficient that it can evoke a corresponding impression in an average consumer.
Advertised with: "Works from the inside out. The Collagen Youth Drink with 2500 mg collagen and other highly efficient active ingredients improve the appearance of the skin by [...] fewer wrinkles.", "Reduces wrinkles" and "INNERBEAUTY works against skin aging".
These claims are specific, health claims without list approval.