The Dutch Inspection Council (Keuringsraad) decided that the term “probiotic” can only be used once on the package and under strict conditions.[1,2]
In general, the term “probiotic” can not be used in the EU because it is considered a general, non-specific health claim, which must be accompanied by a specific permitted health claim. However, there are no approved health claims for probiotics, with the exception of one claim for live yogurt cultures in lactose digestion.
According to most authorities, the term “probiotic” implies a health benefit, namely that the product contains living microorganisms that have a positive effect on health. Because this effect has not been approved, the term “probiotic” may not be used as or in a product name or in presentation or advertising for such product.
How can the term “probiotic” be used?
The Dutch Council decided that the term “probiotic” may only serve as a category designation, intended as a neutral description of a group of products containing living microorganisms.
The following conditions apply:
- Single use: the category designation may only appear once on the packaging. Repetition is considered an (implicit) health claim.
- Secondary designation: the designation must be clearly subordinate to the product name and any permitted claims. This means:
- no conspicuous or promotional design (e.g. larger fonts or color accents);
- placement on the front is permitted, as long as the secondary character is maintained;
- the product name and design determine what is permitted within these parameters.
- no conspicuous or promotional design (e.g. larger fonts or color accents);
When is ‘probiotics’ not permitted?
- Not in the product name: when probiotics is part of the product name it is considered a health claim and its use is prohibited.
- Not in promotional materials: the term probiotics may not be used in advertisements, social media posts, or other commercial communications, even disguised as a category designation.
Although the term probiotics may not be used for promotional purposes, it is permitted in the navigation or search function of a website. This allows consumers to easily find products within that category without it being considered a health claim.
[1] The Inspection Council for Public Promotion of Medicines (KOAG) and the Inspection Council for Promotion of Health Products (KAG), or simply the Inspection Council, established by the respective trade associations in the healthcare and pharmaceutical industries, oversees public advertising on behalf of the KOAG and KAG foundations.
[2] https://keuringsraad.nl/probiotica-als-categorieaanduiding/