The detailed opinion issued by the European Commission on 9 September 2025[1] regarding the draft Government Decision regulating the voluntary Nutri-Score labelling system[2], notified by the Romanian authorities on the TRIS platform in June 2025, concludes that the measures proposed by the Romanian authorities introduce unjustified quantitative restrictions on the free movement of goods, contrary to Article 34 of the Treaty on the Functioning of the European Union (‘TFEU’).
By its position, the Commission did not criticize, the use per se of the voluntary Nutri-Score labelling system – a voluntary front-of-pack labelling system, which transforms the nutritional value of foodstuffs and beverages into an overall score already applied in several Member States[3], but rather the manner in which the Government Decision proposal (‘GD proposal’) conditions its application through provisions potentially conflicting with the European Union legislation and with the principles of the internal market.
The draft includes additional obligations for economic operators, already covered by European legislation
The first critical point raised by the Commission concerns Article 2 (1) of the GD proposal which requires economic operators to ensure that the information provided to consumers regarding the nutritional values of products labeled with Nutri-Score is complete, correct and precise.
Since nutritional values are already part of the mandatory information that according to Regulation (EU) no 1169/2011, must be provided on food labels, the Commission notes that the requirement laid down in Article 2 (1)[4] duplicates obligations already existing concerning consumer information and creates legal uncertainty as to the precise obligations that economic operators must comply with placing products bearing the Nutri-Score label on the market.
Moreover, the wording of Article 2 (1) may enable the National Authority for Consumer Protection (‘ANPC’) to impose additional conditions for the use of the Nutri-Score trademark, which could conflict with the rules already applied in other Member States. Such a situation may ultimately hinder placing on the Romanian market of products lawfully marketed in other Member States, thereby constituting a barrier to the free movement of goods.
In the Commission's view, the obligation to provide information imposed by Article 2 (1) is not necessary for consumer protection, as this objective is already achieved by existing EU regulations. Consequently, the proposed provision risks being regarded as a measure having equivalent effect to a quantitative restriction within the meaning of Article 34 TFEU.
The annex of the GD proposal contains an outdated algorithm
The second critical point concerns the annex of the GD proposal which refers to a previous version of the Nutri-Score algorithm and application rules, differing from the updated version implemented at EU level in March 2025[5].
The Commission warns that Romania's approach would lead to an non-uniform application of the system across the Union, obliging economic operators to adapt labelling for the Romanian market in respect of products lawfully marketed in other Member States, thereby generating additional costs and potentially misleading consumers.
By creating such a context, the Commission argues, the measure would constitute a restriction on the free movement of goods within the meaning of Article 34 TFEU.
In fact, representatives of the business sector (Romalimenta, the European Dairy Products Association (EDA) and the Union of European Soft Drink Associations (UNESDA)[6] in their submissions to the TRIS system expressed serious concerns regarding both the opportunity of using the Nutri-Score system and the manner the GD proposal was designed at national level.
From this detailed opinion, it is clear that the GD proposal has not met the requirements of the European Commission, who ‘leads the score’ against the national legislative proposal. The European Commission's criticism concerning introduction of potential additional obligations for economic operators and the use of outdated versions of the Nutri-Score algorithm, urges a more coherent legislative approach to ensure the elimination, rather than the creation of any potential barriers within the Union and the undermining of the internal market.
Under EU law, the Romanian state is obliged to postpone the adoption of the draft until 10 December 2025 and to inform the European Commission of any subsequent actions taken following the issuance of the opinion. Should the text be adopted in its current form, there is a risk of infringement proceeding under Article 258 TFEU.
In this context, the use of Nutri-Score remains an open subject of debate between economic operators and the competent Romanian authorities.
[3] European Commission detailed opinion, para. 1, page 3 - 'The voluntary indication of nutrition information on the front of food and drink packaging is allowed in the EU, provided that it complies with the requirements of Union law. There are currently six front-of-pack labelling schemes developed or approved by national authorities on the EU market, including the Nutri-Score system. The other labelling systems on the front of the package are the Keyhole logo (used in Sweden, Denmark, Lithuania), the Finnish heart symbol, the Slovenian "Little Heart" logo, the Croatian "Healthy living" logo and the Italian NutrInform drum kit. Slovenia recently notified the logo "Good Choice (2024/0577/Sl)."
[4] Art. 2 para. (1) – "Economic operators who sell on the shelf products intended for consumption in sales premises may place on the market foodstuffs bearing the "Nutri-Score" label with the obligation to ensure that consumers are informed completely, correctly and precisely about the nutritional values of the products subject to these special mentions.' (emphasis added)
