Food for Special Medical Purposes (FSMP): New specific CJEU requirements

13 janvier 2023 – In a decision dated 27 October 2022, the Court of Justice of the European Union (CJEU) specified the requirements for a product to be qualified as Food for Special Medical Purposes (FSMP). In its preliminary ruling (Case C-418/21), it held that it is not sufficient that the patient derives a general benefit from the intake of the product because the substances that it contains counteract the disorder or alleviate its symptoms; rather, a product constitutes an FSMP only if the disease results in increased or specific nutritional requirements which the food is intended to cover.

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