The European Union's top court upheld a 2016 decision that a German company selling glucose products cannot use adverts with positive health claims, the European Court of Justice said in a ruling on Thursday.
Previously, the lower court ruled that the European Commission had been right to reject a 2011 application from Dextro Energy to advertise the health benefits of its products because the claims clashed with official EU health messages that consumers should reduce their sugar intake.
Glucose is a type of sugar, found in many plants and also in human blood.
The commission, which has a role in food safety regulation, has backed scientific advice that sugar intake should be reduced. Excessive sugar consumption can lead to obesity and damage teeth, which in turn can lead to other medical problems.
Dextro Energy requested authorization to use health claims such as ‘glucose contributes to normal energy-yielding metabolism during exercise’ and ‘glucose contributes to normal muscle function’ in its advertisement.
The commission rejected the request saying that such messaging would be confusing to consumers because it would encourage more sugar consumption.
Dextro Energy took the commission's decision to the EU court, whose general court rejected the company's application, confirming the commission's stance.
‘By today's judgement, the Court of Justice dismisses Dextro Energy's appeal against the judgement of the General Court as none of the arguments put forward by that company can succeed,’ the court wrote on Thursday.
