Alliance for Natural Health [2005] ECR I-6451

• A directive had been passed that banned advertising of foods containing certain minerals/chemicals, made pursuant to Article 95.

• ECJ held that the directive was valid. 

ECJ

• Said that failure to produce such a directive would:

Perpetuate the uncoordinated development of national rules and, consequently, obstacles to trade between Member States and distortions of competition so far as those products are concerned.

• Thus the directive complied with Article 95, and nor did it breach the subsidiarity principle, since it would be inadequate to leave the issue to be determined by individual member states.

• It is true that freedom to pursue economic activity was part of EU law, but that given the public interest in improving public health, the directive was not disproportionate, i.e. did not contradict principle of proportionality.