Herbal medicine & health food shops
How the law applies to products sold in these types of shop, including food supplements, cosmetics, and products of animal origin
This guidance is for England
Many traditional herbal products (such as Chinese herbal products) are popular with consumers who are looking for products with health benefits. Such products are often on the borderline between regulated categories of goods such as medicines, foods and cosmetics. As different legal requirements apply to these different product types it is important that you are clear about the category into which your products fall. The legal requirements governing these products are enforced mainly by trading standards services and by the Medicines and Healthcare products Regulatory Agency (MHRA).
There are certain requirements for herbal remedies, which are classed as 'medicines' and must be safe. You may also be selling food items, cosmetic products, or animal products, which all have specific legal requirements.
Whether or not your products fall within these categories, it is important to ensure that consumers are not misled about the extent or existence of products' health benefits, and there are some specific restrictions on claims. There are further requirements in relation to claims made about the product, quantity markings, pricing, and consumer rights.
In the guide
Herbal remedies are medicinal products. They must have a
marketing authorisation (or a product licence) unless they meet
certain exemptions, which allow them to be sold as unlicensed
herbal medicines. To meet the terms of the exemptions, products
must be solely plant-based, have no written medicinal indications
for use and must not have a trade name. Herbal remedies, even if
exempt from licensing, still have to be safe and be labelled in
accordance with the Medicines Act 1968.
The primary decision as to whether or not a product is a
medicinal product is for the MHRA to make. If you have any doubts
about whether the products that you sell are medicines or are exempt from licensing, you should
contact MHRA either via its
website or on 020 3080 6000.
Strict import controls exist regarding products of animal
origin. Products of animal origin include all types of meat and
meat products (including poultry), all types of fish and
shellfish and products made from them (like oyster sauce), eggs
and egg products, wild game, honey, and dairy products. It is
recommended that you only purchase food products of animal origin
from reputable suppliers who can prove that the food has been
legally imported into the UK via proper commercial channels. If
you wish to import animal products, your local authority
environmental health service should be able to advise you on the
current legal situation.
If officers believe an animal product has been imported
illegally into the UK, they may take it away for destruction or
may ask you not to use it until you can prove it has been
imported legally. A sample may also be taken of the item. You
could be prosecuted for importing animal products illegally.
Some traditional remedies have been found to contain both
animal and plant parts from endangered species, in contravention
of legislation enforced by a number of bodies including the
police. Should you have any concerns about ingredients, detailed
information on endangered species is available on the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) website.
CITES's main aim is to ensure that international trade in
specimens of wild animals and plants does not threaten their
survival. Alternatively, you could seek advice from the wildlife
crime unit of your local police force or customs and excise.
The definition of food includes any food, drink or food
supplement that is part of the diet. Anything that is not a medicinal product, and is eaten or taken as a
drink, is a food. Many of the
products you sell are likely to be legally classed as food,
particularly prepacked items such as herbal teas.
The Food Safety Act 1990, EU Regulation (EU) No 1169/2011 on the provision of food information to consumers and the Food Information Regulations 2014 govern, amongst other things, labelling, ingredients
and quality. The Act creates specific offences for contaminants
in food, false descriptions and misleading claims.
All foods and food supplements must be labelled with certain
information in English. Where the food is sold loose, such as
Chinese herbs from jars, or is packed by you in the shop for
direct sale to your customers, the following details are
- a food name that customers can understand, indicating the
true nature of the food
- a statement, where applicable, that the product or
ingredients have been irradiated or genetically modified (see
of GM foods')
- a declaration of the presence of any of the 14 specified allergens (see 'Food allergens & intolerance' and 'Specified allergenic ingredients - Q&A')
Where the food is 'prepacked', a number of labelling
requirements need to be fulfilled - see 'Labelling
of prepacked food', 'Food labelled in a foreign language' and 'Date
& lot marking of prepacked food'.
Specific guidance on food supplements and nutrition information can be found on the GOV.UK website.
EU Regulation (EC) No 1223/2009 on cosmetic products
defines a cosmetic product as: 'any substance or mixture
intended to be placed in contact with the external parts of the
human body (epidermis, hair system, nails, lips and external
genital organs) or with the teeth and the mucous membranes of the
oral cavity with a view exclusively or mainly to cleaning them,
perfuming them, changing their appearance, protecting them,
keeping them in good condition or correcting body odours'.
It does not apply to medicinal products, medical devices or
If you import cosmetic products, you are required to notify
the Department for Business, Innovation and Skills (BIS) about
the importation. The importer also needs to have a 'product
information package' readily accessible for inspection, giving
details about the cosmetic product. If you are not importing, but
are obtaining cosmetics from an importer, you should obtain
reliable assurances from the importer that it has complied with
the above requirements.
For further information see 'Cosmetic
Misleading and illegal claims
Any claims made about a product must be true and not
misleading. This includes oral, written or pictorial claims. In
addition, you are required to disclose any adverse information
you know about a product if an average consumer would need to
know this information to make an informed choice - for example,
if it is known to be ineffective for the purposes for which it is
These requirements, which come under the Consumer Protection
from Unfair Trading Regulations 2008 (CPRs) apply to all
products, including but not limited to, medicines, foods, food
supplements and cosmetics.
Many consumers buy herbal and 'health' products because of
claims or beliefs that these products can aid slimming or
prevent, cure or treat medical conditions and illnesses. Often,
such claims are not supported by evidence or are entirely false.
If a product is marketed with any sort of health claim, first
consider whether it is a medicine, food supplement or cosmetic,
and then make sure it complies with the rules for its product
type. If it is not one of those product types, do not make claims
(and do not pass on manufacturers' claims) unless you are sure
that you can substantiate them.
Where you offer advice or services, you should take care not
to misrepresent or overstate the credentials of any member of
staff or anyone else involved in marketing your products. For
example, in the context of herbal and health products, it is
likely that it would be misleading to refer to someone as a
'doctor' unless they hold a full qualification as a medical
Additionally, as worldwide efforts to control the exploitation
of endangered species increase, manufacturers have been known to
include illegal ingredients (for example, tiger and bear parts)
in products but to remove any references to these ingredients
from packaging and advertisements. These manufacturers rely on
their customers' knowledge and experience of the products'
contents instead. Under the CPRs it is illegal to hide the fact
that a product cannot legally be sold.
As well as the general prohibition on misleading claims and
omissions, some claims are prohibited outright.
Any claims made about a product must be true and not
misleading. This includes oral, written or pictorial claims.
Particular requirements include the following:
- any claim that a food has 'tonic' properties is
- medicinal claims (that is, any claim in relation to
preventing, treating or curing human disease) must not be made
for any food or cosmetic product
- it is a criminal offence to 'advertise' (by any written or
oral statement) offering to treat, to provide a remedy for, or
to give any advice in connection with the treatment of
- under the CPRs it is an offence to make a false claim that
a product can cure any 'illnesses, dysfunction or
malformations', whether or not the claim would mislead the
All consumer products (including food and medicines) must be
Products must be sold to customers with appropriate safety
information / warnings being given in English. Such information
might include, for example, dosage instructions and possible side
effects. They might also include classes of persons for whom the
product is unsuitable - for example, pregnant women, children,
and persons suffering from a particular disorder such as high
You are strongly advised to obtain products from reputable
suppliers, and to retain any documentation that you receive from
them, such as invoices.
Weights and measures
Prepacked goods, such as food / food supplements / cosmetics,
all legally require an accurate quantity marking. This should
typically be the weight, volume, or number of items in the
package. Metric quantities must be used.
If you are selling any products loose (from bulk) by reference
to weight, you must use approved weighing equipment bearing the
appropriate stamp or sticker. Sales must be by reference to
Please see 'Packaged
goods - average quantity' and 'Weighing
equipment in use for trade' and contact your local trading
standards service for further advice and assistance with weights
and measures issues.
There is a general requirement to display prices for retail
goods on offer. However, if the goods can only be obtained as a
result of a service (such as a consultation) there is no need to
price the goods. However, if your services have a 'fixed price'
then you must provide your customers with price information
(using a price list, for example).
Prices you display must be accurate. It is an unfair
commercial practice to give false or deceptive information about
the price of goods, to omit material information about the price
(such as compulsory additional charges or taxes) or if the value
of any 'saving' displayed on a special offer was exaggerated.
You may also wish to seek advice from a trade or practitioner
organisation, such as the following:
British Herbal Medicine
PO Box 583, Exeter, EX1 9GX
Tel: 0845 680 1134
Register of Chinese Herbal
Office 5, Ferndale Business Centre, 1 Exeter Street, Norwich, NR2
Tel: 01603 623994
Association of Traditional
Chinese Medicine (UK)
314 Premier House, 112 Station Road, Edgeware Road, London, HA8
Tel: 020 8951 3030
This information is intended for guidance; only the courts can give an authoritative interpretation of the law. Any legislation referred to, while still current, may have been amended from the form in which it was originally enacted. Please contact us for further information.
Last reviewed/updated: February 2015
© 2015 itsa Ltd on behalf of the Trading Standards Institute.