Buying health food

Keep the following in mind 

• You have a 14-day cooling off period with a right of withdrawal when you purchase goods via a distance sale, for example online or over the telephone. Remember not to open the packaging. 

• You are not legally bound to pay for something you have not ordered. 

• You can dispute a claim for payment if you have received a product, you did not order. 

• It is up to the company to prove that you are bound by a subscription. 

What is health food? 

Health foods are foods whose purpose is to make you healthier. Supplements are a type of health food that is used to supplement your regular diet. The term supplements encompasses vitamins and minerals as well other products marketed as such and are sold in forms such as tablets, capsules, or powders. 

Further information about food supplements is available on the website of the Swedish National Food Agency (In Swedish)

Are natural remedies regarded as health food? 

Natural remedies are not health food, but rather they are a medicine. Natural remedies are meant for self-care. This means that they should be used for simple complaints of a temporary or mild nature. 

Further information about herbal medicines on the is available on the website of the Swedish Medical Products Agency 

Is colloidal silver a health food? 

According to the Swedish National Food Agency, colloidal silver is not allowed to be sold as a food supplement. Colloidal silver, or “silver water,” is sold in health food shops and other similar establishments. There have been cases of these products being sold with claims to prevent or treat diseases or symptoms. Such marketing is not permissible. 

Further information about colloidal silver is available on the website of the Swedish National Food Agency (In Swedish)

Marketing of health foods 

There are specific rules that apply to what nutrition and health claims may be used in the marketing of food supplements. The legislation distinguishes between two types of claims in advertising: 

• nutrition claims – what a product does or does not contain 

• health claims – what effects the food has on your health when you consume it. 

What is a nutrition claim? 

A nutrition claim is when a food is claimed to have positive nutritional properties. It may be about the energy a product gives or some other beneficial properties. It may also be about what nutrients a product does or does not contain. For example, “low fat,” “no added sugar,” and “high dietary fibre.” 

What is a health claim? 

A health claim is any statement or assertion suggesting that the food will have a beneficial effect on health. For example, “Vitamin C enhances the levels of metabolic energy and helps to reduce tiredness and fatigue.” A picture or symbol can also be a health claim. For example, a picture of a person holding a tape measure may constitute a weight loss claim. 

Report misleading marketing to the Swedish Consumer Agency 

If you believe that the company is marketing its products falsely, you can report this to the Swedish Consumer Agency. Attach any evidence you might have, such as a picture of the marketing. 

The Swedish Consumer Agency does not investigate or decide individual cases, however complaints are important for the Agency’s regulatory and enforcement work. The Swedish Consumer Agency monitors companies’ compliance with the rules and regulations, and can take action against those entities that fail to do so. 

Submit a complaint to the Swedish Consumer Agency 

Submit a complaint to Livsmedelsverket, the Swedish National Food Agency 

If there is a misprint or misrepresentation on the ingredients of the dietary supplement, or if there is incorrect marketing in a shop, you can file a complaint with the Swedish National Food Agency. 

Further information about the labelling of food supplements is available on the website of the Swedish National Food Agency(In Swedish)

If the product is defective

If the product does not match the information you received before purchase, you can file a complaint about the product.

Read more about filing a complaint against a defective product

The purchase turned out to be a subscription 

It isn’t uncommon for companies to offer health food products very cheaply or for free. They may offer you a free trial or the first sample shipment of the product is provided free. Unfortunately many people don’t realise that they have fallen into a subscription until more deliveries start coming in the post with invoices or they find money is suddenly deducted from their bank account. 

Have I entered into a subscription agreement? 

Check the steps below to find out if you have entered into a binding subscription agreement. 

Step 1 

Check what information you received and whether the purchase was an agreement for a subscription. To gather evidence, go to the website where you placed the order and take screenshots of the ordering process. If you made the purchase via an advertisement, see if you can find it and then take a picture of the advertisement. 

The National Board for Consumer Disputes (ARN) has previously stated that if it is not clearly stated that it is a subscription, the consumer has not entered into an agreement for a subscription. It is not sufficient that it is stated in the terms of the contract, if these terms are not clearly stated when the agreement is “signed.” It must also be agreement clearly stated in the marketing that it is a subscription. 

Step 2 

Check to see if it is clearly stated that there is a charge for the order. If the order is placed by pressing a button, or activating a similar function, the button must be clearly marked “Ordering with a payment obligation” or similar information. If the company has not complied with this, you are not bound by the contract or the order. 

Step 3 

If it appears that you have not entered into an agreement for a subscription, you can contact the company and explain why you do not consider yourself bound by a subscription agreement. Keep in mind that you may still be bound to complete the purchase of a sample package, or similar item, plus the related costs such as shipping. 

Contact the company in writing, for instance by e-mail. If you have received an invoice or your credit has been card charged for something you did not agree to, in the same e-mail you can dispute the invoice or request a refund. As a starting point, it is up to the company which claims that you have entered into a subscription contract to prove it. Remember to save the screenshots you made in step 1 and any other evidence. 

Under the step “Dispute the invoice if it is for something you didn’t order,” there are templates you can use when contacting the company. 

If you have been contacted by a company by telephone, you can read more about your legal rights under “Special rules for telemarketing sales.” 

Special rules for telemarketing sales 

If you have been rang up by someone calling on behalf of a company, there are special rules the company must comply with. If the company makes a mistake, the contract may be void or you may have an extended time to rescind the purchase and exercise a right of withdrawal. 

Requirement to be in writing 

For the contract to be valid, a company selling goods or services over the telephone must, by law, obtain your written acceptance and approval. The company must send a written confirmation of its offer and before the order is finalised you will need to accept the offer in writing. 

What is meant by written is acceptance by e-mail or SMS, acceptance by bank ID, or by signing the agreement and sending it back to the company. 

The acceptance needs to take place after the telephone conversation, so that you have time to think about and consider the offer. It is not permissible for the company to insist that you accept the offer during the telephone call. For the contract to be valid the company must be able to show evidence that you have accepted in writing, and that it was after the telephone call. 

Right of withdrawal

You have a cooling-off period of 14 days, during which you can exercise you right of withdrawal and rescind the contract, even if there is a valid contract between you and the company. If the company has not properly informed you of your cooling-off period and the right of withdrawal, the cooling-off period can be extended up to one year. It is up to the company to prove that you have received all the information about the right of withdrawal. 

For the cooling-off period to start counting, you must have been informed of: 

• whether there is a right of withdrawal 

• how much time you have to change your mind and rescind the contract

• how to go about exercising your right of withdrawal 

• that there is a standard form you can use and where to find it (however failure to include all requisite information on the form does not entitle you to an extended period to exercise your right of withdrawal). 

Read more about the legislation and rules relating to telemarketing 

Dispute the invoice if it is for something you didn’t order 

If you receive an invoice for something you did not order, you have no obligation to pay it. Just because a company says you have to pay, it doesn’t mean that you are legally obligated to pay it. For you to be legally obligated to pay, the company must prove that there is a valid contract or agreement between you and the company. 

You also are not obligated to pay the cost of sending a product you did not order back to the company. 

Contact the company directly; best in writing 

If you in your opinion you don’t have a legal obligation to pay for a subscription or an unordered product, you should dispute the demand. Disputing means contacting the company and protesting the claim. When you contact the company, tell them that you will not pay and why, or ask them to refund money already charged your credit card or debited from your bank account. 

Always contest in writing, for example by sending an e-mail. Remember to keep a copy so that you have evidence that you have disputed the claim. 

Further information about disputing a claim for payment 

If you change your mind and decide to exercise your right to withdraw from the purchase 

If you made the purchase via a distance/off-premises sale, for example online or over the telephone, you can exercise your right of withdrawal. The “cooling-off period” during which you can exercise a right of withdrawal is normally 14 days and applies throughout the EU. 

Firstly contact the company in writing 

Contact the company within two weeks of receiving the first delivery and inform them that you are withdrawing from the contract/purchase. Best to do this in writing, for example by e-mail. Retain a copy as evidence if it may be needed. If you have not been properly informed about the right of withdrawal, the time within which to exercise it may be extended. For example, you should have received information about whether you may open the box and try on/try out the product, and how to exercise your right to reconsider and withdraw from the purchase if you are not satisfied. 

Do not open the product box or container 

Remember not to open the product box if it is something that it meant to be eaten. If you break the seal on such a product, you no longer have the right to withdraw from the purchase. 

Further information about exercising your right of withdrawal if you change your mind 

Buying in a “brick and mortar” shop 

For items purchased in person in a shop, you will not have any statutory right of withdrawal. However, it is common for shops to offer a satisfaction guarantee so that you can return the product within a certain period. There is however no law requiring shops to offer consumer's a right to return or exchange products. Ask the shop what their return and refund policy is. 

Ending a subscription 

If you agreed at the time of ordering that the purchase of the trial pack will be converted into a subscription, you can cancel the subscription under the terms of the contract you agreed to. You should be able to terminate the contract in several ways. For reasons of evidence it is advisable to do so in writing and to retain a copy of the notification. There is no obligation on your part to explain why you want to terminate the subscription. 

Request the assistance of ARN if you can’t arrive at a mutually agreed solution with the company 

If you and the company cannot reach an agreement, you can file a complaint to the public authority the National Board for Consumer Disputes (ARN).

ARN will assess your case and make a recommendation on how to resolve the dispute. Most companies follow ARN’s recommendations.

A normal processing time is approximately six months.

What does it cost to file a complaint with ARN?

It costs SEK 150 to file a complaint with ARN. When you submit your complaint, you can request that the company compensates you for the cost if ARN makes a recommendation in your favor.

Requirements for ARN to consider your case

• The company has either rejected your claims or has not responded within a reasonable time.

• The amount you and the company are in dispute about is more then ARN's value limitations (different value thresholds apply for different fields). You cannot include the application fee to ARN.

• You file the complaint within one year from the first time you complained to the company.

Submit an application on ARN’s website  

Would you like assistance in preparing your complaint? 

The municipality’s consumer adviser may be able to assist you in submitting an application to ARN. 

Settle the dispute in court

Your dispute with the company can also be taken to a district court by filing a lawsuit. You will need to pay a filing fee and may also have to pay legal fees and court costs.