“boosts immunity.” The Regulation applies to all commercial communications, including labelling, presentation, and advertising of food intended for the final consumer. It is important to note that the Regulation applies regardless of the scale or format of the communication. This includes not only written materials (menus, menu boards, leaflets) but also verbal descriptions by staff in the course of a commercial transaction. As a result, food business operators in the restaurant sector must ensure that any nutrition or health claims used in the description of dishes meet the formal conditions set out in the Regulation. Accordingly, any voluntary statement regarding the absence of allergens or other substances must be scientifically accurate, verifiable, and compliant with EU food law. If not, such claims may be considered misleading under Regulation 1169/2011, and potentially qualify as unfair commercial practices within the meaning of Directive 2005/29/EC. The Regulation distinguishes between: nutrition claims – e.g. “low sugar,” “source of fibre,” “reduced salt” – which are only permitted if included in the list set out in the Annex to the Regulation; health claims – i.e. any claim that states, suggests, or implies a relationship between a food and health – which require prior authorisation by the European Commission, based on a scientific assessment by EFSA. Restaurants that wish to highlight nutritional aspects must therefore use only authorised claims and ensure that their communication is factually correct, not misleading, and scientifically substantiated. Thus, a restaurant labelling a salad as “supports digestion” or a juice as “strengthens the immune system” must verify that such claims are authorised under NHCR. Otherwise, they may be considered unauthorised health claims and constitute an infringement. Furthermore, if a restaurant voluntarily uses allergen-related claims such as “gluten-free” or “lactose-free,” these must comply with specific legal standards. For instance, Commission Implementing Regulation (EU) No 828/201431 states that any food labelled as “gluten-free” must contain less than 20 mg of gluten per kilogram. Failure to comply with these thresholds can mislead consumers with coeliac disease or food allergies, potentially triggering both legal liability and regulatory sanctions. The use of unauthorised nutrition or health claims is subject to administrative sanctions under national law. In Poland, for instance, the President of the Office 31 Commission Implementing Regulation (EU) No 828/2014 of 30 July 2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food (http://data.europa.eu/ eli/reg_impl/2014/828/oj). 551 THE REGULATION OF RESTAURANT SERVICES CONSUMED ON-SITE IN EU CONSUMER LAW
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