Martial law has not stopped the Antimonopoly Committee of Ukraine (AMCU) from watching how consumer goods are advertised. Dietary supplements are its main focus. Brands that present supplements as products that treat or cure illnesses face investigations and fines that can reach millions of hryvnias.

This article explains how the AMCU approaches misleading advertising, what it has to prove and how manufacturers, distributors and online sellers can reduce the risk.

Supplements are an AMCU priority

For 2026 the AMCU named fair competition in the dietary supplement market as one of its priorities (protocol No. 3 of 22 January 2026). The numbers explain why. In 2025 it adopted 16 decisions under this priority, with total fines of UAH 81.9 million. Eleven of those decisions concerned misleading information about specific supplements.

The pattern is consistent: products are presented as having a therapeutic effect. Consumers may believe they are buying a medicine, and competitors who follow the rules lose sales.

What counts as misleading information

Article 15-1 of the Law of Ukraine "On Protection against Unfair Competition" prohibits spreading misleading information. This includes information that is incomplete, inaccurate or false, including through advertising, selective presentation, omission of facts or unclear wording, if it affects or may affect a person's decision to buy goods.

The law lists typical examples: false or inaccurate statements about a product's consumer properties, quality, suitability, characteristics, price or discounts, and about the company's activities or financial position.

What the AMCU has to prove

To find a violation, the AMCU establishes three elements:

• Inaccuracy. The information about the product is incomplete, inaccurate or false.
• Dissemination. The information reached at least one person, for example through packaging, a leaflet, a website or a marketplace listing.
• Effect on competition. The information affected or could affect purchasing decisions, in practice by artificially stimulating demand.

The AMCU does not need to prove actual harm. The Grand Chamber of the Supreme Court confirmed in case No. 910/23000/17 (2 July 2019) that it is enough to prove the act itself or the possibility of harmful consequences. Intent does not need to be proven either. In case No. 910/20506/20 (27 January 2022) the Supreme Court added that the information does not have to be obviously false. It is enough that it creates a wrong impression about the product and influences the choice of supplier.

Why supplements are especially exposed

The Ministry of Health's hygienic requirements for dietary supplements (order No. 1114 of 19 December 2013, section III, point 3.3) prohibit labelling and advertising that claims a supplement can prevent, treat or cure diseases or relieve their symptoms. Health claims are allowed only if they appear on the list approved by the Ministry of Health.

The AMCU applies these requirements strictly. Wording such as "supports immunity" or "helps reduce" is treated as a health claim. If it is not on the approved list, it is a problem.

Example: a children's supplement and a UAH 3.5 million fine

In decision No. 50-р/тк of 26 December 2025, the AMCU fined a company UAH 3,550,668 over a children's supplement. The product was presented as able to treat coughs, thin mucus, ease breathing, strengthen immunity and fight viruses. These statements appeared on the packaging, in the leaflet, on the company's website and on a third-party pharmacy platform.

The AMCU asked the Ministry of Health to confirm that such claims are not allowed for supplements and used that confirmation as evidence. This combination of its own analysis and expert confirmation makes AMCU decisions difficult to challenge in court.

What an AMCU investigation looks like

A case usually starts with monitoring of advertising, a complaint from a competitor or information from another state body. The AMCU sends requests for information, and a company must answer them in full and on time. Failure to provide information, or providing inaccurate information, is a separate violation with its own fine. The AMCU may also request opinions from the Ministry of Health or other experts.

When the AMCU has collected the evidence, it prepares a preliminary conclusion, and the company can submit objections before a decision is made. This is the most important stage for the defence. Strong objections, supported by evidence and a corrected advertising campaign, can reduce the fine or change the outcome. A decision can then be challenged in a commercial court.

How large can the fine be?

For spreading misleading information, the AMCU can impose a fine of up to 5% of the company's revenue from sales in the last reporting year before the fine. In practice, incomplete information sometimes ends with recommendations to stop the violation. False information usually ends with a fine.

A checklist before you launch a campaign

• Review every channel. Packaging, leaflets, the website, social media, marketplace cards and influencer briefs are all treated as advertising.
• Remove therapeutic claims. A supplement cannot treat, cure or prevent a disease, and wording should not suggest that it can.
• Use only approved health claims. Check each claim against the Ministry of Health's approved list, word by word.
• Keep the evidence. Hold research, test results and expert opinions for every statement about the product's properties.
• Control your distributors. Pharmacy platforms and resellers often copy old descriptions. Ask them to update listings when you change your claims.
• Respond to AMCU recommendations quickly. Acting on a recommendation is far cheaper than defending a fine.

A note for foreign brands

Foreign manufacturers entering the Ukrainian market often adapt marketing materials from the US or the EU, where the rules differ. A claim that is acceptable in one country can be misleading under Ukrainian law. Before a launch we review packaging, websites and listings, and if the AMCU has already opened a case, we represent the company in the proceedings and in court.

In Ukraine, misleading advertising is treated as harm to fair competitors. The AMCU does not need to show that any consumer was actually harmed.