Elsa Pataky reveals her diet to stay in shape at 50: what she has for breakfast, what she avoids, and her method to not give up pizza

In Spain, as of today, there is no specific law regulating intermittent fasting as a dietary pattern nor “fad diets” in general. Their legal framework is addressed indirectly through regulations on food safety and nutrition, food supplements, medicines and medical devices, commercial advertising, and consumer and patient protection. Additionally, there is a growing political and health debate about miracle diets, advertising of slimming products, and health misinformation, but without an ad hoc regulation specifically on intermittent fasting.

General framework of food safety and nutrition

The basic pillar is the Law 17/2011 on food safety and nutrition, which establishes a “from farm to table” framework and focuses on nutritional risks, such as obesity and overweight. The law foresees the NAOS Strategy and the creation of the Nutrition and Obesity Study Observatory, as well as specific measures for minors (for example, in the school environment) aimed at promoting healthy habits, not promoting restrictive or crash diets.

Complementarily, the Law 33/2011, General Public Health Law links health protection with the defense of consumers and users (Article 51 of the Constitution). From this framework, policies for prevention against obesity, poor nutrition, and health misinformation are justified, but without detailing a specific pattern such as intermittent fasting.

Slimming supplements and diet-associated products

A large part of the business linked to fad diets is channeled through food supplements. These are governed by Royal Decree 1487/2009, on food supplements, amended by Royal Decree 130/2018. The royal decree defines supplements as “concentrated sources of nutrients or other substances with nutritional or physiological effect” in dosed form and requires composition, labeling, and notification requirements to the competent authority.

According to an analysis published in the newspaper Demócrata about sports supplements (creatine, proteins, and other supplements), these products are legally foods, not medicines. This implies that:

• They cannot claim properties to prevent, treat, or cure diseases.
• They cannot be presented as substitutes for a balanced diet nor suggest that a varied diet is generally insufficient.
• Health claims are subject to Regulation (EC) 1924/2006 and only authorized statements can be used under the established conditions.

When a slimming product crosses the line towards therapeutic indications, it falls under the scope of Royal Legislative Decree 1/2015, which approves the consolidated text of the Law on guarantees and rational use of medicines and medical devices. In that case, it must comply with medicine regulations, with much stricter requirements for evidence, authorization, and pharmacovigilance.

Surveillance of diet-related products is illustrated in news such as the OCU complaint to AESAN for irregularities in slimming supplement claims (OCU vs. 11 slimming supplements) or the OCU alert about the supposed slimming product “OzemPil”, which illicitly used its name and logo to generate trust (OzemPil).

Advertising, fad diets, and consumer protection

Intermittent fasting, like other popular diets, is mainly regulated through general rules on commercial advertising and consumer protection, in addition to the aforementioned food legislation. The Demócrata piece on supplements emphasizes that the same limitations on claims also apply to influencers, trainers, or athletes who promote products on social media: they cannot attribute properties to products that the brand would be prohibited from advertising directly.

In parallel, the Government and several parliamentary groups are taking action against advertising of unhealthy products and miracle diets, especially aimed at minors:

• The Ministry of Social Rights and Consumption has announced an initiative to limit advertising of unhealthy foods aimed at children, justified by the thousands of advertising impacts children receive each year (Government announcement).
• Sumar promoted in Congress a bill to ban this advertising, with fines up to 600,000 euros, which was ultimately rejected (Sumar proposal and Congress rejection).
• Compromís has requested specific state campaigns against “miracle” diets (including fasts and cleansing potions) due to their health risks (Compromís initiative).

Additionally, the Dentists’ Council and other professional organizations demand a state law on health advertising that sets homogeneous criteria and deterrent sanctions against misleading messages about health treatments, a context in which many commercial promises linked to diets fit.

Health positioning and misinformation

From the professional field, the prevailing idea is that intermittent fasting can be a valid strategy only in selected cases and under supervision, not a universal recipe. Scientific societies and experts, in media such as Gaceta Médica or InfoSalus, insist that it is not a “miracle” and that it may be contraindicated in people with metabolic pathologies, eating disorders, pregnancy, etc. (Gaceta Médica, InfoSalus).

The Medical Association Organization, for its part, has launched campaigns such as #noteenREDES against pseudotherapies and misinformation on social networks, urging to verify information with qualified professionals and distrust miracle solutions, a category in which many extreme diets usually fall.

Summary of the current situation

In summary, intermittent fasting is neither prohibited nor specifically regulated in Spain. It is considered just another dietary pattern, whose responsible use is governed by health lex artis and public health recommendations. What is regulated—and increasingly monitored—are the products and advertising associated with these diets, especially when they promise rapid weight loss, cures, or disproportionate benefits, and when aimed at vulnerable groups such as minors or patients. The political debate points to strengthening controls over advertising of unhealthy foods and miracle diets, but so far there is no specific law on intermittent fasting.

In Spain, the promotion of healthy habits and balanced nutrition is a shared competence among several levels of the Administration. The Constitution (Article 43, cited in the Law 17/2011 on food safety and nutrition) obliges public authorities to safeguard health, promote health education, physical education, and sport. On this basis, the State sets the basic framework and coordinates, the autonomous communities develop and execute most actions, and local entities act on the immediate environment and community services. Added to this are the health system, the educational system, and various specialized bodies that deploy specific prevention, nutrition, and physical activity programs.

State: foundations, coordination, and regulation of the food environment

The State establishes the general framework of health and food safety through basic norms such as the Law 14/1986, General Health Law, partially amended by the Law 33/2011, the Law 16/2003, and other provisions such as the Law 10/2013, the Law 14/2007, the Law 41/2002, or the Law 55/2003. In the specific field of nutrition, the key is the Law 17/2011 on food safety and nutrition, which links food safety, nutrition, and the fight against obesity, and is supported by the 1977 Order on health competencies and the creation of the Spanish Agency for Food Safety and Nutrition (AESAN).

According to the preamble of Law 17/2011, the State promotes a comprehensive strategy from “farm to table,” drives the NAOS Strategy (Nutrition, Physical Activity, and Obesity Prevention), and creates instruments such as the Nutrition and Obesity Study Observatory, formalized by a resolution published in the BOE (Nutrition Observatory). It also approves incentives such as the “Lighten Your Life” obesity prevention programs or the NAOS Strategy Awards, and can finance regional or local projects (for example, grants for healthy environments under Royal Decree 1070/2021 or for child oral health under Royal Decree 111/2008).

Autonomous communities: normative development and execution

Law 17/2011 recalls that, especially after Organic Law 9/1992, all autonomous communities have assumed “the competencies of normative development and execution of matters related to food safety.” In practice, this means that regional health services, configured under the General Health Law, carry out health control of food products and “prevention of health risks derived from food products, including improving their nutritional qualities” (Article 18, cited in Law 17/2011 itself).

The communities design their own health promotion plans, campaigns on balanced nutrition, screening and prevention programs, and physical activity strategies, coordinating through the National Health System regulated by norms such as Law 16/2012, the erratum, and regulatory developments (for example, the updated service portfolio in Order SAS/1466/2010 or in resolutions of the Carlos III Health Institute such as the one from 2007).

Local entities: environment and proximity services

Constitutional Court Ruling 41/2016 (STC 41/2016) analyzes, within the framework of local reform, the autonomous assumption of municipal competencies in health and social services but confirms the importance of local autonomy. Municipalities and provincial councils develop health promotion actions from proximity: regulation of markets and collective catering, activities in municipal centers, physical activity circuits, school and social dining rooms, etc., often supported by state grants such as those already mentioned from Royal Decree 1070/2021.

Health system and educational centers

Health services, according to the General Health Law, combine care functions with activities of health education, vaccination, screenings, dietary advice, and specific programs (for example, sectoral agreements on occupational health and nutrition at work included in resolutions such as those for driving schools or the agricultural sector: 2010, 2009, 2009 food industry).

The educational system, regulated by Organic Law 2/2006 on Education and amended by Organic Law 3/2020 (with erratum in 2021 correction and development in royal decrees such as Royal Decree 205/2023 and Royal Decree 628/2022), is a key space for health education. Within this framework, educational administrations can include content and projects on healthy habits, balanced nutrition, and physical activity in curricula and school plans, linking them to specific programs and university degrees in health promotion and nutrition (Master in Health Promotion, Master in Nutrition and Dietetics in Physical Activity, or others published in Granada, speech therapy, or study plans).

Other bodies and cross-cutting measures

Besides AESAN and its NAOS Strategy, other public actors intervene: the Higher Sports Council, which promotes training in physical activity (continuous sports training); the Carlos III Health Institute (creation of centers and amendments in 2003 and 2005); regulation of health digital records and tools (Digital Health History, amended by Order HAP/2478/2013); or programs and aids linked to health within the Recovery Plan framework (Order CNU/462/2024).

Although many of the cited norms (medicine prices, waiting lists, project aids, European decisions such as the 1994 Decision or sectoral regulations such as Order SSI/1157/2017, waiting list information, or Order SCO/982/2007) do not focus exclusively on nutrition, they fit within a broad public health approach. Overall, the distribution of competencies allows the State, communities, municipalities, health and educational systems, and specialized bodies to act in a coordinated manner to create healthier environments and promote informed individual decisions about diet and lifestyles.

Finally, there are also norms and resolutions that, although more peripheral to the topic (such as those related to health study plans, occupational health and safety agreements in specific sectors, or territorial denominations like Law 19/2011 on Araba/Álava, Gipuzkoa, and Bizkaia), show how health promotion is a cross-cutting axis in multiple public policies.

In Spain, advertising of diets and food supplements recommended by public figures is subject to the general regime of advertising, consumer protection, and food safety. The key regulations are the General Advertising Law, the consolidated text of the General Law for the Defense of Consumers and Users, and audiovisual regulation, along with the food safety law. All of these apply regardless of the channel (television, radio, or social networks) and the endorser (company, health professional, influencer, or celebrity). Based on these rules, truthful, non-misleading messages respectful of health and with enhanced protection for minors are required.

General framework of advertising and consumption

Law 34/1988, General Advertising Law, defines “advertising” as any communication to promote the contracting of goods or services and classifies as unlawful, among others, advertising that is:

• Misleading, unfair, or aggressive, which is also considered an act of unfair competition (arts. 3 and 4, according to the law itself and its amendment by Law 29/2009, see General Advertising Law and Law 29/2009).
• That violates fundamental rights or promotes discrimination or stereotypes, especially regarding minors.
• Directed at minors that exploits their inexperience, induces them to dangerous situations, or misleads them about product characteristics or safety.
• Subliminal, i.e., acting without being consciously perceived.
• Of medical devices or subject to technical-health regulations, or goods and services that may generate health risks, which may be subject to specific regulation or prior authorization (art. 8).

These rules also apply when the recommendation is made by a public figure or influencer. The law does not distinguish by type of endorser: if the message seeks to promote contracting, it is advertising and must comply with these limits.

The consolidated text of the General Law for the Defense of Consumers and Users, approved by Royal Legislative Decree 1/2007, and its subsequent amendments (Law 3/2014, Law 4/2018, with erratum in erratum) require that commercial communications:

• Be clearly identifiable as commercial when made at a distance (phone, email, or other electronic means).
• Respect consumers’ rights not to receive unwanted offers and data and minor protection (articles on distance commercial communications included in the law itself).

Food safety and diet or supplement products

Law 17/2011 on food safety and nutrition (Law 17/2011) establishes the general health protection framework in food matters. Although the consulted extract does not include specific articles on advertising supplements, the preamble emphasizes the need to manage risks associated with food, including obesity and nutrition, and to protect the population, especially against nutritional and overweight risks. No further specific information on detailed advertising requirements for food supplements is available in the consulted sources.

Consistent with the General Advertising Law, advertising of products that may affect health (such as very restrictive diets or supplements with relevant physiological effects) may be subject to special rules or prior authorization (art. 8 of the General Advertising Law), without specific regulatory developments identified in the consulted sources.

Audiovisual media and internet

Law 13/2022, General Audiovisual Communication Law (Law 13/2022), regulates “audiovisual commercial communications” both in traditional television services and in video-sharing platform services. The preamble highlights that audiovisual advertising must balance access to content, user protection, and especially protection of minors. This directly affects diet and supplement ads broadcast on television, video platforms, or content from creators that include commercial communications.

The law is developed, among others, by Royal Decree 1138/2023, on the registry of audiovisual providers, which does not detail advertising content but does address sector organization. No further specific information on articles of Law 13/2022 related to influencers or diet products was found in the consulted fragments.

In the digital environment, the consolidated text of consumers and users itself foresees specific rules for electronic commercial communications (obligation to identify as advertising, rights of opposition, protection of minors) in the cited extracts.

Testimonials of public figures and health claims

The analyzed norms do not contain, in the available fragments, differentiated provisions for “testimonials” of public figures or influencers in advertising diets and supplements. However, such testimonials are considered part of the advertising message and are subject to the general limits already described: they cannot be misleading, cannot attribute to the product properties it does not have, nor minimize health risks, and must especially respect minors.

No specific rules on concrete claims of “weight loss” or “curative properties” beyond the general framework of truthfulness and health protection were found in the consulted sources. No further information on specific European regulations on nutritional claims applicable to these products is available in the consulted sources.

Enhanced protection of minors

A central element for diets and supplements advertised by celebrities is advertising directed at minors. The General Advertising Law expressly prohibits advertising aimed at minors that:

• Exploits their inexperience or credulity.
• Induces them to purchase or presents them in dangerous situations.
• Misleads them about product characteristics or safety, or about the necessary capacity to use them without harm.

Law 13/2022, in the consulted fragments, also reinforces the protection of minors in audiovisual services, a relevant circumstance when public figures promote diets or supplements in audiovisual formats with strong youth audiences.

Other norms mentioned in the sources

In the research trail, other norms and resolutions appear that, although they do not directly regulate advertising of diets and supplements, are cited for their relation to advertising, consumption, audiovisual, or other sectors. Among them, the following (included to complete links, without identifying specific content on the queried topic):

• Law 28/2005, health measures against smoking.
• Law 1/2000, Civil Procedure Law (modifies procedural aspects of Advertising Law).
• Judgments and appeals related to Advertising Law: erratum of STC 208/1999, STC 146/1996, appeal 308/1989.
• Various trade and consumer regulation norms: Law 7/1996, Law 7/1998, Law 16/2003, among others.
• Complementary audiovisual and economic regulation: Resolution CMT 2010, Law 7/2010, Law 22/1999, Law 3/2013, Order HFP/309/2023, Royal Decree 1138/2023.
• Norms on commercial communications in other sectors: Royal Decree 958/2020 and its amendment by Royal Decree 176/2023 (gaming), as well as Circular 4/2020 of the Bank of Spain on banking advertising.
• Diverse sectoral, educational, and economic regulations: Royal Decree 72/2017, Royal Decree 773/2023, Order of August 1, 1979, Royal Decree 1669/2009, Royal Decree 867/2008, Royal Decree 868/2008, among others.
• Other diverse provisions of context (education, audiovisual, digitalization, nutrition, etc.): Resolution 19/10/2023, Royal Decree 243/2022, Royal Decree 562/2017, Order ECD/65/2015, Royal Decree 1105/2014, Order VAU/1560/2025, Order VAU/653/2025, Order ETD/734/2022, Order ETD/1498/2021, Order ETD/677/2022, Order PCI/797/2019, Resolution 12/01/2018, Resolution 12/01/2023, Royal Decree 568/2020, Royal Decree 637/2015, Royal Decree 1365/2007, and the 1978 Resolution on Health Registry.
• Historical norms such as the Decree of November 11, 1950, without direct relation to the query.

In summary, advertising of diets and supplements recommended by public figures must comply with the general framework of truthfulness, respect for health, and special protection of minors set by the General Advertising Law, consumer regulations, and audiovisual law. No additional specific rules for influencers or for specific claims about weight loss and health properties beyond these general obligations were found in the consulted sources.