According to the seminal standard commentary on food law Zipfel/Rathke, bioavailability claims are not yet nutrition or health claims unless they appear in the context of one. Consequently, increased bioavailability can be advertised as long as it is not associated with any unauthorized health claims related to the active ingredient. The commentary states:
“Appropriately, Meisterernst/Haber (WRP 2019, 413) point out that claims regarding bioavailability are in themselves neither nutritional nor health-related. This is also reflected in the fact that EFSA excluded some claims referring to the (enhanced) bioavailability of nutrients or other substances from the scientific evaluation in the context of the scientific review of health claims under Article 13 (e.g. blackcurrant anthocyanins (EFSA Journal 2010;8(10):1752) or mineral-enriched yeast EFSA Journal 2010; 8 (10):1743). EFSA correctly justified the exclusion of the claims by stating that the corresponding claims refer to bioavailability rather than to a relationship between a food/food ingredient and human health as required by Article 2(2)(5) for a health claim. However, bioavailability claims can be given material meaning under individual provisions of the Regulation by inclusion in nutrition or health claims. Thus, a nutrition claim about reduced or delayed bioavailability of carbohydrates from a food becomes a health claim at the latest when it is placed in relation to the resulting consequence. This also results, among other things, from the claim permitted by Regulation (EU) 432/2012 “the intake of hydroxypropylmethylcellulose as part of a meal helps to reduce the increase in blood glucose levels after the meal”; the corresponding effect results from delayed intake (influenced bioavailability).”
We can quantitatively demonstrate that our systems significantly increase the bioavailability of substances transported with them. The claim can be used truthfully accordingly. If the transported ingredient is a substance to which this applies, the claim “faster onset of action” can additionally be used in advertising.