The subject of these considerations concerned the issue of free food flow in the form of dietary supplements in view of judicial decisions of the European Union Court of Justice. The problem is generally comprised in the qualification of a given product as a dietary supplement or a medicine, while its source – in the opinion of the author – stems from the possibility to provide a different qualification of the same product by two EU member countries. In conclusion the author states, among other things, that the possibility to provide by each member state its own qualification of the same product, based on a different risk analysis, obviously infringe on the principle of reciprocal recognition and free product flow. The EU Court of Justice allows member states to exercise considerable freedom in the determination of the level of health protection, which they want to apply in relation to their citizens, but adjudications in this respect may not be arbitrary or unproportional. A product should be analysed in accordance with the qualification criteria specified by the Court and treated individually on the case-by-case basis. As a solution to this problem the author suggests the creation of a separate category of products not being food and a complete harmonisation of regulations concerning dietary supplements.
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