“Fertility tea”: promoting conception must be scientifically proven

Advertising for a so-called “fertility tea” violates the provisions of the “Health Claims Regulation” (Art. 5, 6, 10 HCVO) if no generally recognized scientific evidence can be provided that drinking the tea has a beneficial effect on conception. Among other things, the distributor had come up with the following wording: “Lemongrass has a relaxing effect on the body and reduces stress, so that you can fully engage with the pregnancy. Lemon verbena and basil are said to have a pleasure-enhancing effect.” However, he was unable to provide any proof of this, so that the Cologne Higher Regional Court, like the lower court, ordered the distributor to cease and desist ( Press release of the Higher Regional Court of Cologne on the judgment of June 21, 2019, Ref. ).