CYPRUS Law and Practice Contributed by: Stelios Christophides and Vasilis Charalambous, George Z Georgiou & Associates LLC
Food Supplements Secondary legislation, namely Order 449/2004, which implements Directive 2002/46/EC, provides that no person is allowed, without the prior permission of the Director of the Public Health Service of the Ministry of Health, to publish any advertisement that intends to promote food supplements on the market for con - sumer purposes. In general, any advertisement for food supplements must not contain any allegation that a balanced diet cannot be a source of suitable nutrients in general. It is prohibited in any advertisement that promotes food products relating to weight loss to make any reference to the time required or range of weight that can be lost due to the use of the product or any reference that this food product can lead to reduced hunger. Medicinal Products Law 70/2001, which transposes Directive 2001/83/ EC, prohibits certain claims to consumers in relation to medicinal products in the context of advertising – eg suggesting that the effects are guaranteed, without any adverse reactions, or that they are better and more effective compared to other treatments or products. Other Any labelling of organic products must be in accord - ance with Regulation (EC) No 834/2007. With respect to protected designations of origin, protected geo - graphical indications and traditional specialties, the provisions of Regulation (EU) No 1151/2012 shall be followed. 3. Limitations and Special Laws 3.1 Representation and Stereotypes in Advertising CARO’s Code provides that advertisements must not defame, disparage, or seek to ridicule any person or group of persons, other advertisers, or any company, organisation, industrial or commercial activity, profes - sion, or product. 3.2 Children CARO’s Code includes guidance notes on the topic of advertising to children. In addition, the Digital Ser -
concerning the communication medium employed and the nature of the product. • The trader’s identity – the geographical address and identification of the trader, encompassing its trade name. Additionally, where applicable, the geographical address and identity of the trader on whose behalf the trader acts must be detailed. • Pricing details – the price of the product, inclusive of taxes. In instances where, due to the product’s nature, determining the price in advance is not reasonable, the methodology for calculating the price must be specified. Furthermore, if applicable, all supplementary charges should be included, such as shipping, delivery, postage, or any addi - tional fees that cannot reasonably be computed in advance, along with a disclosure of the potential requirement for such additional charges. • Transaction terms – the terms governing payment, delivery, and performance, particularly if these deviate from commonly accepted standards of professional conscientiousness. • Right of withdrawal or cancellation – for products and transactions where a right of withdrawal or cancellation exists, the acknowledgment of this entitlement. • Online market information – in cases where prod - ucts are offered within online markets, there should be clarification on whether the third party present - ing these products qualifies as a merchant or not, relying on the declaration provided by said third party to the online market provider. 2.8 Other Regulated Claims There are certain advertising claims which are specifi - cally regulated, particularly in relation to the following industries. Food Any claim made in relation to the nutritional elements of food products must comply with the requirements of Regulation (EC) No 1924/2006. For example, when claiming that a product is high in fibre, certain informa - tion must be provided to the consumer in that regard. Furthermore, Regulation (EU) 1169/2011 concerns food information to be provided to consumers and establishes general principles to be followed, particu - larly with regards to labelling.
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