Abstract
The article analyses Case C-524/18 Schwabe/Queisser Pharma about health claims under the Nutrition and Health Claim Regulation (Regulation 1924/2006), more specifically about the labelling of references to non-specific health benefits under Article 10(3). Two fundamental concerns about the judgment are presented: (1) From a substantive point it is questionable that the judgment ‘got it right’, because it dilutes the system of authorised health claims. (2) From an institutional point of view, the judgment disregards the European Commission’s Implementing Decision establishing Guidelines for the implementation of Article 10(3). It thereby undermines the legal value of implementing acts as sources of law, and indirectly subverts the institutional balance.
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