Medicinal Fantasy Names - Last March, the Institutional Committee of the Spanish Agency for Food Safety and Nutrition (AESAN) approved a new information note, on the use of medicinal trade names, brand names and fancy names in food supplements.
Those known as ‘.‘medicinal fantasy names‘are those trade names, brand names and fancy names which may be interpreted as alluding to a part of the body or which may suggest a connection with a human disease.
The medicinal fancy names are a problem, according to AESAN, since they «attribute to the food supplement properties that it does not possess, and may mislead the consumer into believing that a food intended to supplement a normal diet can prevent, treat or cure a human disease».
In the information note published by the Spanish Agency for Food Safety and Nutrition (AESAN) on medicinal invented names, a clear distinction is made between 2 typologies of trade names, trade marks and fancy names;
- designations that can be interpreted as an allusion to a part of the body
- designations that may suggest a link to a human disease
How should we act, according to the typology of medicinal fantasy names?
The registered names or trademarks referring to a part of the body, are considered to be claims of general and non-specific benefits of the nutrient or food for general good health or health-related well-being. In this case they may be used provided they are accompanied by an authorised (or pending) specific health claim.
In the case of names or trademarks which may suggest a link to a human disease (cystitis, pain, tension), or even make reference to terms such as treatment, therapy or traditional Ayurvedic medicine, mycotherapy among others, are considered to be mislead the average consumer, which may interpret the product as having properties intended to prevent, treat or cure diseases. They are therefore in breach of the new food regulations, which explicitly prohibits any food from -Food supplements are, for regulatory purposes, considered as foodstuffs. attribute properties of curing/treating/preventing a disease or implying it.
The AESAN makes special mention of the TRADEMARKS, The following are not exempted from complying with the legislation, and therefore must also be supported by a health claim authorised or pending, if they refer to a part of the body. In addition, they are not allowed if they refer to a disease or imply that they can prevent/cure/treat a disease.
Medicinal fantasy names: the AESAN calendar
The Spanish Agency for Food Safety and Nutrition (AESAN) has established a timetable to allow the industry to adapt its labelling and marketing strategy without compromising the viability of existing stocks:
- Entry into force of the criterion18 March 2026
- End of placing on the market of new batches1 January 2028
- Marketing of stocksUntil end of stock (provided the batch is prior to 2028 and within its best-before date).
As of 1 January 2028, However, no new lots shall be allowed to be placed on the market if they do not comply with these guidelines. However, batches already placed on the market before that date shall be allowed to remain on the market and be marketed until the end of their 'best before' date.
Can we help you with medicinal fantasy names? A reminder from GTF M. Camps
From GTF M. Camps, as consultants specialising in regulatory affairs, we accompany companies in the technical re-evaluation of the labelling of its products in the area of food supplements, in order to bring them into line with the new technical criteria and to ensure that they remain on the market with full guarantees.
With the publication of this new AESAN text last March, your food supplement company will have to adapt its labelling to the new regulation of medicinal brand names. And for this, you may need the help of external technicians to assist you in the revision of the labelling in order to comply with all regulatory issues related to your products. Do you have questions on how to apply the new rules on medicinal brand names? Contact us!
Our proposal? Solutions!