From a legal perspective, claims made on packaging, on a website or in advertisements are commercial practices. They may be reviewed by the National Authority for Consumer Protection (‘A.N.P.C.’) and penalised if they mislead consumers. For food supplements, the risk is twofold: in addition to the general rules laid down in Law no. 363/2007 on combating unfair practices of traders in their relations with consumers and harmonising regulations with European consumer protection legislation (‘Law no. 363/2007’), the strict European rules on health claims apply.
Government Emergency Ordinance no. 18/2026 amending and supplementing Law no. 363/2007 on combating unfair practices of traders in their relations with consumers and harmonising regulations with European consumer protection legislation, as well as Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, and amending and supplementing certain legislative acts (‘GEO no. 18/2026’) has amended Law no. 363/2007 and Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals and amending and supplementing certain legislative acts (‘GEO no. 34/2014’). The main changes concern environmental and social claims, sustainability labels and information on product durability. A significant part of these rules applies from 27 September 2026.
1. What GEO no. 18/2026 provides
The Ordinance transposes into Romanian law Directive (EU) 2024/825 amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and through better information (‘Directive (EU) 2024/825’). The purpose of the act is to ensure that environmental claims are fair, understandable and reliable, which will enable traders to operate on a level playing field and consumers to choose products that are genuinely better for the environment than competing products.
By GEO no. 18/2026, Annex 1 to Law no. 363/2007, which lists the practices considered misleading in all circumstances, has been supplemented with new practices. For these practices, the A.N.P.C. no longer has to prove that the claim influenced the consumer’s decision: the mere use of the practice is sufficient for a penalty to be imposed.
The definition of misleading practices has also been extended to false information about the social characteristics of products or of the trader, such as working conditions, respect for human rights, animal welfare or other ethical aspects.
2. Environmental claims and other commercial practices you can no longer use
The new rules prohibit, among other things:
- generic environmental claims which the trader cannot substantiate with evidence of recognised excellent environmental performance;
- environmental claims about the entire product where they concern only one of its components, for example only the packaging;
- claims that a product has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions, where such claims are based on the offsetting of greenhouse gas emissions;
- displaying a sustainability label that is neither based on a certification scheme nor established by a public authority;
- presenting a legal requirement applicable to all products in the same category as a distinctive feature of the trader’s offer.
For a manufacturer or distributor of food supplements, the first checks usually concern the packaging and communications about ingredients. Statements such as ‘eco packaging’, ‘sustainable product’ or ‘zero carbon footprint’ must either be supported by verifiable evidence, be worded in specific terms (for example, the percentage of recycled material in the packaging), or be removed.
The prohibition on presenting legal requirements as an advantage frequently applies in the food sector. If a particular substance is prohibited by law for all supplements, the statement that the product ‘does not contain it’ may be considered misleading where it is presented as a feature that differentiates the product from its competitors.
3. Health claims: the special rules for supplements
The new rules on environmental claims apply alongside the special regime for foods. For food supplements, nutrition and health claims are governed by Regulation (EC) No 1924/2006 on nutrition and health claims made on foods (‘Regulation (EC) No 1924/2006’). Only health claims that have been authorised and included in the EU Register may be used, under the conditions of use laid down for each of them.
Separately, Article 7(3) of Regulation (EU) No 1169/2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 prohibits attributing to a food the property of preventing, treating or curing a disease. The false claim that a product is able to cure illnesses, dysfunctions or malformations is also included in the list of practices considered misleading in all circumstances in Annex 1, point 17 to Law no. 363/2007.
In practice, the compliance of a supplement must be checked on both levels: compliance of the health claims with the EU Register and compliance of the other claims (environmental, social, comparative) with Law no. 363/2007.
Would you like your label, website or promotional campaigns checked before an A.N.P.C. inspection? We analyse the claims used and tell you what needs to be changed.
4. Consumer reviews and promotion through influencers
Since the 2022 amendments, Law no. 363/2007 has treated as misleading the claim that reviews of a product come from consumers who have actually used or purchased it, where the trader has not taken reasonable and proportionate steps to check this. Commissioning false reviews and misrepresenting consumer reviews in order to promote products are also prohibited.
A trader that displays reviews must inform consumers whether and how it ensures that they originate from genuine purchasers. Filtering out negative reviews without disclosing this may itself constitute a misleading practice.
Promotion through influencers is a commercial practice, even when it takes place on social media. Content that is paid for or provided in exchange for products must be clearly identified as advertising. Hidden (covert) advertising presented as a personal opinion is a misleading practice. Statements made by an influencer about the effects of a supplement must observe the same limits on health claims as the product label.
5. What a trader risks
The A.N.P.C. may order the cessation of unfair commercial practices and may impose administrative penalties for contraventions (sancțiuni contravenționale) under Law no. 363/2007.
Under Article 15(1) of Law no. 363/2007, the use of unfair commercial practices is punishable by a fine of between 10,000 lei and 100,000 lei (RON), as follows: misleading commercial practices, including those listed in Annex 1, are punishable by a fine of between 20,000 lei and 100,000 lei, while for aggressive commercial practices fines range between 10,000 lei and 100,000 lei, the specific amount also being determined by reference to the trader’s turnover, pursuant to Article 17 of Law no. 363/2007. Under Article 15(2), the fine limits are doubled where the practice affects more than 100 consumers.
In the case of widespread infringements or widespread infringements with a Union dimension, Article 154 provides for fines of between 0.1% and 4% of the annual turnover generated by the trader in Romania in the financial year preceding the penalty. Where information on turnover is not available, the fine may range between the lei equivalent of EUR 200,000 and the lei equivalent of EUR 2,000,000.
In addition, failure to comply with complementary remedial measures is punishable by a fine of between 50,000 lei and 100,000 lei, and repeated offences under the conditions of Article 155 may attract fines of between 5,000 lei and 200,000 lei.
Apart from the fine, a penalised practice may entail withdrawing promotional materials, redoing labels and a reputational risk that is difficult to control.
6. Checklist for manufacturers and distributors
- Make an inventory of all claims used on labels, on your website, in online shops, in advertising and in materials for influencers.
- For each environmental or social claim, keep the evidence supporting it; remove generic wording that you cannot substantiate.
- Check whether the sustainability labels displayed come from a certification scheme or from a public authority.
- Compare your health claims with the EU Register and with the authorised conditions of use.
- Establish and publish how you verify the authenticity of reviews.
- Include in your contracts with influencers an obligation to label advertising, together with the list of permitted claims.
Conclusions
GEO no. 18/2026 shifts the burden of proof onto the trader: an environmental or social claim that cannot be substantiated becomes risky from the moment it is used. For food supplements, these rules overlap with the strict regime governing health claims, so commercial communications must be reviewed as a whole, before the product or campaign is launched.
Frequently asked questions
What is GEO no. 18/2026?
The Emergency Ordinance in question is the legislative act by which the provisions of Directives (EU) 2024/825 and (EU) 2023/2673 were transposed into national law, by amending and supplementing Law no. 363/2007 on combating unfair practices of traders in their relations with consumers and GEO no. 34/2014 on consumer rights in contracts concluded with professionals.
From when do the new rules on environmental claims apply?
Under Articles III and IV of GEO no. 18/2026, the provisions of the act have separate dates of entry into force and application: the provisions of Article I and Article II points 1, 4–7, 9–12 and 16 entered into force on 27 March 2026, becoming applicable from 27 September 2026, whereas the provisions of Article II points 2–3, 8, 13–15 and 17–18 apply from 19 June 2026.
Can I write ‘natural’ or ‘eco’ on a food supplement?
The term ‘eco’ is an environmental claim and may be used only if it is supported by evidence of environmental performance or by a certified label. The term ‘natural’ must also be assessed in light of the rules on food information to consumers, so as not to mislead consumers as to the composition of the product.
Can I use health claims that I cannot find in the EU Register?
No. For food supplements, only health claims authorised under Regulation (EC) No 1924/2006 may be used, under the conditions of use laid down.
Is the manufacturer liable for what an influencer says?
Promotion carried out on behalf of or for the benefit of the manufacturer is a commercial practice of the manufacturer. Actual liability depends on the contractual relationship and on the control exercised over the content, which is why contracts with influencers must lay down clear rules on permitted claims and on the labelling of advertising.
Do the reviews on my website have to be verified?
If you present them as coming from purchasers, yes. You must take reasonable steps to verify them and inform consumers of how you do so.
Adesman & Asociații assists manufacturers, distributors and traders in checking the compliance of their commercial communications and in their dealings with the A.N.P.C. Find out more about our corporate and commercial law practice.
Preparing a campaign or a new product? We check the claims on your label and in your promotional materials in good time.
This material is provided for general information purposes only and does not constitute legal advice. The applicable regime must be analysed in light of the specific product, the communication channels used and the legislation in force at the date of the analysis.
