Citing information received from the European Dairy Association (EDA), we present the latest updates on developments regarding proceedings conducted in recent years by the German competition authority against food manufacturers in Germany. These cases primarily concerned the use of "high protein" claims in conjunction with a quantitative indication of protein content per product serving (e.g., "20 g protein per cup").
The subject of the dispute was not the protein content statement itself, but rather the additional quantitative reference placed on the front of the pack or on the product lid. According to the German competition authority, this may constitute an impermissible repetition of mandatory nutrition information within the meaning of Article 30(3) of Regulation (EU) No 1169/2011 (the FIC Regulation). This interpretation was supported by several German courts, including the Higher Regional Court of Munich (case ref. 6 U 3363/23e, judgment of 19 December 2024).
In the further course of the proceedings, the German Federal Court of Justice (Bundesgerichtshof, BGH) stayed the proceedings and referred a preliminary question to the Court of Justice of the European Union (CJEU), case C-758/25. The CJEU is to decide whether this type of communication regarding high-protein products complies with Regulation (EU) No 1169/2011 in light of Article 8(1) of Regulation (EC) No 1924/2006 on nutrition and health claims (NHCR). Under this provision, nutrition claims are permitted only if they are listed in the Annex to the NHCR and meet the conditions specified therein.
In its decision of 20 November 2025, the BGH indicated that different interpretations of the applicable provisions are possible. On the one hand, it was noted that additional information on protein content may support the objectives of the NHCR by facilitating informed purchasing decisions by consumers. On the other hand, the question was raised whether the list in the Annex to Article 8(1) of the NHCR should be regarded as an exhaustive catalog of permitted nutrition claims.
The CJEU has asked the parties to the proceedings and EU Member States to submit written observations by 17 March 2026. Given the scope of the question referred by the BGH, it is anticipated that the future judgment may also have broader significance for other nutritional claims, such as "low fat" claims combined with a quantitative indication of fat content (e.g., "1.5 g fat").
This issue is scheduled to be discussed during the next meeting of the C&L WG (Composition & Labelling Working Group).
Source: European Dairy Association (EDA) / European Whey Processors Association (EWPA).
