The European Commission (EC) recently proposed legislation on nutrition and health claims made on foods, including food supplements. As consumers have become increasingly concerned about what they eat and how this affects their health, the food industry in Europe has responded by providing more detailed nutrition labeling and often making claims about the beneficial effects of certain foods, according to the EC.

The Commission stated that EU (European Union) rules on labeling and nutrition labeling, which do not define conditions for the use of nutrition claims and do not allow health claims to be made, are often not properly enforced. Therefore, it feels the consumer can be misled by claims that have not been properly substantiated.

The newly proposed regulation will provide legal security and address these issues by specifying the conditions for the use of nutrition and health claims, prohibiting certain claims and scientifically evaluating the use of claims in relation to the nutritional profile of foods. “No food product will as a consequence be prohibited but claims on food products will have a true meaning for the consumer,” the Commission said.

With three years of the regulation entering into force, the Commission will make a positive list of such well established claims and more novel claims, such as “whole grain may keep your heart healthy/may reduce the risk of heart disease.” For the latter type, individual scientific evaluation and pre-marketing approval will be required. Only claims that can be substantiated will be permitted on the EU level after being evaluated by the European Food Safety Authority (EFSA). As a result, the Commission feels that food operators will benefit from the possibility to make a meaningful claims, including promoting a product’s possible impact to reduce the risk of diseases, while consumers will be able to rely on clear and verifiable claims.

“It clearly follows this new approach to health claims,” said the Commission, “that any information about foods and their nutritional value used in labeling, marketing and advertising, which is not clear, accurate or meaningful and cannot be substantiated will not be permitted.” This concerns vague claims referring to general well being (e.g. “helps your body to resist stress,” “preserves youth”) or claims making reference to psychological and behavioral issues in addition to weight control (e.g. “halves/reduces calorie intake”). Reference to and endorsement by doctors or health professionals will also not be permitted as this might e.g. suggest that not eating the specified food might lead to health problems.

Within 18 months of adoption of the regulations, the Commission will evaluate nutritional profiles in close consultation with stakeholders and the Member states in the Standing Committee for the Foodchain and Animal Health, while taking into consideration the opinion of the EFSA. Exemptions may be necessary for certain claims on foods depending on their role and importance in the diet of the population.

In response to the proposed regulations, the European Health Products Manufacturers Association (EHPM) says that the move to restrict claims will pose problems, especially for supplement companies. EHPM said it is in support of providing consumers with non-misleading health claim information, although not at the expense of supplement marketers. These proposed regulations, according to EPHM, will severely reduce marketers’ ability to differentiate products, and might have an impact on innovation as well. If the regulations are brought into force, the association also fears that the communication link between the food (and supplement) industry and the consumer will be lost.

Also a potential problem, said EHPM, is the cost of the procedure of having a claim approved, especially for small and medium-sized enterprises (SMEs). EHPM claims that an SME impact report was never carried out for this proposal as should have been the case according to EU law. The Commission’s proposed regulations must first be passed by Parliament and the European Council before it enters into law, planned for 2005.