The food supplement’s market is increasing steadily over the past years and the legal issues of delimitation between food and pharmaceuticals are arising simultaneously. Although, certain attempts are made to resolve this situation, both at national and Community stage, still many similarly composed products have a status of a pharmaceutical and food supplement. A parallel situation occurs with other categories of so called – border line products – like cosmetics or medical devices. Therefore the open question is how to define the legal boundaries between different categories of products, so that their assignment to the relevant category would not create further concerns. Unfortunately, even the Community regulations, that set legal standards for most of these products in the UE, are not sufficiently helpful in this matter. The jurisdiction of Court of Justice of the European Union creates even greater uncertainty. A certain solution of this matter appears in the Community regulation on nutrition and health claims, which to some extent straightens the issues of labeling and the use on food products of claims suggesting health beneficial effects. Increasingly, the disputes on the classification of products are transferred to the judicial level.

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