No C 198/4 Official Journal of the European Communities 6. 8. 81 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the approximation of the laws of the Member States 
relating to claims made in the labelling, presentation and advertising of foodstuffs for sale 
to the ultimate consumer 
(Submitted by the Commission to the Council on 13 April 1981) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, in particular Article 
100 thereof, 
Having regard to Council Directive 79/112/EEC on 
the approximation of the laws of the Member States 
relating to the labelling, presentation and advertising 
of foodstuffs for sale to the ultimate consumer ('), 
and in particular Article 2 (2) thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas, pursuant to Article 2 (2) of Directive 
79/112/EEC, the Council must adopt a non-^ 
exhaustive list of the claims, the use of which must in 
all circumstances be prohibited or restricted; 
Whereas the meaning of 'claims' should be defined 
for the purposes of the said Directive; 
Whereas certain claims must be prohibited in order 
that the consumer should not be misled; Whereas, for the same purpose, certain claims may be 
permitted only under certain conditions; 
Whereas, pursuant to Article 2 (2) of Directive 
79/112/EEC, those claims which must be prohibited 
or restricted in all circumstances may only be 
specified by the Community legislature; whereas, on 
the other hand, since the list of these claims is non-
exhaustive within the meaning of the said paragraph, 
the judicial authorities remain free to determine 
wheter or not claims other than those covered by this 
Directive are in conformity with Article 2 (1) of the 
said Directive; 
Whereas, however, until the Community legislature 
has made provision for claims solely applicable to 
specific foodstuffs and not to foodstuffs in general, it 
should be possible to adopt national provisions to 
their regard; 
Whereas a procedure should be laid down for 
updating the lists given in this Directive; 
Whereas, in all cases where the Council empowers 
the Commission to implement rules laid down in 
respect of foodstuffs, provision should be made for a 
procedure instituting close cooperation between the 
Member States and the Commission within the 
Standing Committee for Foodstuffs, set up by 
Council Decision 69/414/EEC (2); 
(') OJ L 33, 8. 2. 1979, p. 1. (2) OJ No L 291, 19. 11. 1969, p. 9. 
6.8.81 Official Journal of the European Communities No C 198/5 
Whereas this Directive does not affect the obligations 
arising from Directive 79/112/EEC, and in particular 
from Article 7 thereof, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. The purpose of this Directive is to establish a 
non-exhaustive list of claims the use of which 
pursuant to Article 2 (2) of Directive 79/112/EEC 
must in all circumstances be prohibited or restricted. 
2. 'Claim' shall mean any statement intended to 
promote the sale of a foodstuff, transmitted by any 
medium, including generic advertising, relating to the 
caracteristics, effects or properties referred to in 
Article 2 (1) (a) of Directive 79/112/EEC. 
Article 2 
The following shall be prohibited: 
(1) claims relating to measurable and objective char­
acteristics which cannot be substantiated; 
(2) claims suggesting that adequate quantities of 
nutritive substances cannot be obtained from a 
balanced diet of everyday foodstuffs; 
(3) claims that a particular everyday foodstuff 
contains adequate quantities of all essential 
nutritive substances, unless authorized by the 
rules in force; 
(4) claims concerning: 
— recommendations by the medical, paramedical 
or pharmaceutical professions, or authorities 
or competent bodies in the nutritional or 
public-health fields, 
— testimonials or statements concerning the 
connection between nutrition and health, 
unless authorized by the rules in force; 
(5) claims with reference to: 
— a member of the medical, paramedical or 
pharmaceutical professions, — a medical instrument, 
— a human body or organ, even if presented in a 
stylized form, intended to illustrate a 
physiological function, 
except when they serve to support claims under 
point 4 which are authorized by the rules in 
force; 
(6) claims that might: 
— arouse or exploit feelings of fear or anxiety, 
— reflect discredit upon other foodstuffs, 
whether similar or not; 
(7) claims suggesting that a foodstuff has acquired 
nutritive value from substances added for purely 
technical and/or organoleptic reasons. 
Article 3 
The following claims shall be permissible only if the 
stated conditions are met: 
(1) claims suggesting that a product is superior or 
exclusive and relating to measurable and objective 
characteristics, 
provided that particulars are given as to how or 
to what extent the product is superior or exclusive 
or 
provided that they comply with the rules in force; 
(2) claims relating to the absence or low content of a 
given ingredient, provided that they are followed 
by details, printed in letters of the same size, of 
other ingredients performing the same function, if 
such ingredients have been used; 
(3) claims relating to the absence or low content of a 
specific pesticide residue, provided that they are 
followed by details, printed in letters of the same 
size, of any other pesticide which may be present; 
(4) claims that a product is 'natural', 
provided that they refer to products: 
(a) occurring naturally and in their original state 
or refrigerated; 
(b) obtained, by a purely mechanical process, 
from products within the meaning of (a) and 
where appropriate refrigerated, 
which contain no additives and chemical sub­
stances other than those found in nature, 
or 
No C 198/6 Official Journal of the European Communities 6.8.81 
provided that they are traditionally used culinary 
expressions 
or 
provided that they comply with the rules in force; 
(5) claims that a product is 'biological' or 'organic', 
provided that they refer to cultivation processes 
which do not involve recourse to synthetic 
products and which avoid environmental 
pollution, 
and 
provided that it is warranted that the foodstuff 
has the essential characteristics of products 
obtained by such processes; 
(6) claims that the product is 'new', 
(a) provided that no more than eighteen months 
have passed since it was first offered for sale 
to the ultimate consumer; 
(b) provided that the characteristic of the product 
described as 'new' is clearly indicated, for 
example in the name under which the product 
is sold; 
(7) claims pertaining to the nutritive value of the 
product, 
provided that the label lists the nutritive 
ingredients in accordance with the rules in force; 
(8) claims relating to honours or awards 
provided that the foodstuff marketed has char­
acteristics identical to those for which the 
honours or awards were given; (9) claims relating to a product or preparation which 
has religious or ritual significance, 
provided that the foodstuff complies with the 
requirements laid down by the religious or ritual 
authorities concerned. 
Article 4 
Community provisions applying to certain specific 
foodstuffs, but not to foodstuffs in general, may 
designate other claims the use of which must be 
prohibited or restricted. 
In the absence of such provisions, the Member States 
may adopt provisions designating such claims in 
accordance with the procedure laid down in Article 
16 of Directive 79/112/EEC. 
Article 5 
Any amendments to be made to Articles 2 and 3 shall 
be adopted in accordance with the procedure laid 
down in Article 17 of Directive 79/112/EEC. 
Article 6 
Member States shall take the measures necessary to 
comply with this Directive by 1 January 1984 at the 
latest and shall forthwith inform the Commission 
thereof. 
Article 7 
This Directive is addressed to the Member States.