Regulation EC No 19242006 on nutrition and health claims made on foods dr Martin Kooijman, Food and

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Regulation (EC) No 1924/2006 on nutrition and
health claims made on foodsdr Martin Kooijman,
Food and Consumer Product Safety Authority (VWA),
the Netherlands
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Food and Consumer Product Safety Authority of the
Netherlands (VWA)

• Clients Ministry of Agriculture and Ministry of
  Public Health
• Main tasksSupervision (enforcement of
  legislation)
• Risk assessment
• Risk communication
• Incident and crisis management
• Policy advise for Ministry of Agriculture and
  Ministry of Public Health

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Organisation Chart Food and Consumer Product
Safety Authority of the Netherlands
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Expertise

• In each region Department of Research and
  Development
• Responsible for projects for inspectors and
  laboratories in all other regions
• - foods for particular nutritional purposes (a.o.
  infant formulae)
• - claims
• - food supplements
• - herbal products
• - inspections at small and medium-sized
  enterprises
• - additives and contaminants

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Content of my presentation

• 1. Introduction and general principles /
  conditions for all claims (article 3-7)
• 2. Specific conditions on the use of nutrition
  claims (article 8-9)
• 3. Health claims specific conditions,
  restrictions, discrimination between types of
  health claims (focus on article 13 claims)
• 4. Transitional measures article 28

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Content of my presentation

• 5. Sharing experience on implementing Regulation
  1924/2006
• information to food businesses
• enforcement of Regulation 1924/2006 in The
  Netherlands
• training of food inspectors

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1. Introduction

• Why a regulation on claims?
• General introduction on types of claims
• Legal requirements regarding nutrition and
  health claims
• Sharing experience on implementing Regulation
  1924/2006

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1. Why a regulation on claims?
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1. Why a regulation on claims?

• Great fruit lollies of various fruity flavours.
• 0 fat!!

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1. Why a regulation on claims?
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1. Why a regulation on claims?
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1. Why a regulation on claims?
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1. Why a regulation on claims?
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1. Why a regulation on claims?

• To provide a higher level of consumer protection
  against false, misleading claims
• To harmonize legislation across the EU to
  facilitate intra-Community trade

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1. Definitions claims

• Claim
• States, suggests or implies that a food has
  particular characteristics
• Not mandatory under other legislation

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1. Definitions claims
advertising brochure, internet
logo
Label, brand name
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1. Definitions nutrition and health claims

• Nutrition claim any claim which states,
  suggests or implies that a food has particular
  beneficial nutritional properties
• Health claim any claim that states, suggests or
  implies that a relationship exists between a food
  category, a food or one of its constituents and
  health

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1. Examples nutrition claims
Energy-free
Source of minerals
High fibre
With no added sugars
Contains Omega-3 Fatty acids
Reduced salt
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1. Examples health claims
Ginkgo biloba contributes to normal blood
circulation, which is associated with brain
performance
Immune support
High fibre for a good gut performance
Helps to maintain a healthy cholesterol level
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1. General conditions for all claims - art. 3

• No misleading of the consumer
• No attribute medicinal properties to foodstuffs
  on label, presentation and advertising (Directive
  2000/13/EC)
• Give rise to doubt about the safety and/or the
  nutritional adequacy of other foods
• Encourage or condone excess consumption of a food

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1. General conditions for all claims - art. 3

• no statement that a balanced and varied diet
  cannot provide appropriate quantities of
  nutrients in general
• not frighten the consumer

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1. Conditions for the use of nutrition and health
claims - art. 5

• The nutrient or other substance for which the
  claim is made
• present in sufficient quantity for the claimed
  effect (art. 5)
• absent or reduced quantity for the claimed
  effect (art. 5)
• available to be used by the body (art. 5)
• a significant quantity of the beneficial
  ingredient (art. 5)
• Consumer must understand the claim (art. 5)

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1. Conditions for the use of nutrition and health
claims - art. 6,7

• Claims are based on generally accepted
  scientific evidence (art. 6)
• Nutrition information shall be provided when
  claims are made pursuant to Directive 90/496/EEC
  (art. 7)

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1. Nutrition information when a nutrition claim
is made - art. 7

• Nutrition claim on sugar, saturated fat, fiber,
  sodium labelling information big 8 energy
  value, the amounts of protein, carbohydrate,
  sugars, fat, saturates, fibre and sodium
• Other nutrition claims big 4, and in addition
  the amount(s) of the substance(s) to which a
  nutrition claim relates, in the same field of
  vision as the nutrition information

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1. Scientific substantiation for claims - art. 6

• A food business operator shall justify the use
  of the claim
• The competent authorities may request a food
  business operator to produce all relevant
  elements and data establishing compliance with
  this Regulation

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1. However its more complicated nutrition
profiles

• Foods for which claims are made must comply with
  nutrient profiles not available yet

Background no promotion of foods with a
unfavourable composition.
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1. Conditions for the use of nutrition and health
claims art. 4

• Food and certain categories of food must comply
  with specific nutrient profiles, in order to bear
  nutrition of health claims
• Discussions on nutrient profiles are going on
• Profiles shall be available 19 january 2009 at
  the latest

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1. Conditions for the use of nutrition and health
claims art. 4

• Exception 1 nutrition claims referring to
  reduction of fat, saturated fatty acids,
  transfatty acids, sugars and salt/sodium shall be
  allowed without reference to a profile for the
  specific nutrient/s for which the claim is made

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1. Conditions for the use of nutrition and health
claims art. 4

• Exception 2nutrition claims shall be allowed,
  where a single nutrient exceeds the nutrient
  profile provided that a statement about the
  specific nutrient appears in close proximity
  High content

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2. Specific conditions nutrition claims art. 8

• Nutrition claims shall only be permitted if they
  are listed in the Annex
• - low energy not more than 40 kcal/100g or 20
  kcal/100 mL
• - saturated fat-free sum of saturated fat and
  trans-fatty acids does not exceed 0,1 g of
  saturated fat per 100 g or 100 mL
• - high fiber product contains at least 6 g of
  fibre per 100 g or at least 3 g of fibre per 100
  kcal.

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2. Specific conditions nutrition claims art. 9

• Comparative nutrition claims
• only between foods of the same category
• difference in the quantity of a nutrient and/or
  the energy value shall be stated
• comparison shall relate to the same quantity of
  food.

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2. However interpretation comparative claims was
not unambiguous

• Guidance document on Regulation 1924/2006 with
  conclusions of the Standing Committee on the Food
  chain and animal health
• Version 14 December 2007!!
• Aim apply correctly and in a uniform way the
  Regulation
• No formal legal status
• Ultimate responsibility lies with Court of
  Justice

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2. Comparative claims art. 9 guidance

• The only comparative nutrition claims are
• Increased name of the nutrient criteria
  source of and 30
• Reduced name of the nutrient at least (micronutrients
• Energy-reduced energy value
• Light/Lite reduced

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2. Comparative claims art. 9 guidance

• Claim as much as is not a comparative claim
  and not in the Annex ? not allowed
• Products being compared foods that are similar
  in terms of nutritional content

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2. Comparative claims art. 9 guidance

• Comparison milk and butter??

NO
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2. Comparative claims art. 9 guidance

• Comparison cheese with other cheeses??

YES
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2. Comparative claims art. 9 guidance

• Comparison margarine and butter??

YES

• Products being compared should always be clearly
  identified to the final consumer

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2. Comparative claims art. 9 guidance

• A reduced claim is not possible when the
  reduction of 30 would not have any significance
  for the overall intake of the nutrient.
• For instance whole grain bread (NL)contains
  2.5 fat, consumption 174g/day ? 3.8 of total
  fat consumptionreduced fat 30 less ? 2.7 of
  total fat
• Not significant ? claim is not allowed.

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2. Comparative claims art. 9 guidance

• When the claim light or energy reduced is
  used, it must be indicated how this is achieved
• For instance light 50 less sugars
• light no sugars

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3. Health claims specific conditions art. 10

• Only EU authorised claims are allowed
• labelling requirements for the use of health
  claims- importance varied diet and a healthy
  lifestyle
• - quantity of food required to obtain the
  beneficial effect- warning to persons who should
  avoid the food- warning for excessive
  consumption of the food

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3. Health claims specific conditions art. 10

• Reference to general, non-specific benefits of
  the nutrient or food for overall good health or
  health-related well-being may only be made if
  accompanied by a specific health claim (article
  10 under 3 claims).For instance- this
  product fits in a well-balanced diet- this
  product promotes general well-being
• - healthy

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3. Health claims restrictions art. 12

• Not allowed
• - Suggestions that health could be affected by
  not consuming the food
• - Reference to the rate or amount of weight loss
• - Reference to recommendations of individual
  doctors or health professionals

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3. Restrictions on the use of certain health
claims art. 12

• Maple Syrup Diet - It's ow Beyonce lost 22lbs in
  just 14days.

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3. Restrictions on the use of certain health
claims art. 12
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3. However list of approved health claims is not
available yet

• Member states sent the Commission a list of
  claims, conditions for use, and scientific
  justification
• The Commission shall publish a Community list of
  permitted claims and all necessary conditions
  later on

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3. However various types of health claims exist

• the role of a nutrient or other substance in
  growth, development and function of the body
  (function claims, article 13, 1a)
• psychological and behavioural functions (article
  13, 1b)
• slimming/weight control/reduction sense of
  hunger/increase sense of satiety(article 13, 1c)

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3. However various types of health claims exist
? different procedures and transition measures

• Reduction of disease risk claims (article 14)
• Claims referring to childrens development and
  health (article 14)
• Different procedures and transition measures for
  health claims

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3. However some borderline issues nutrition
claims and health claims (guidance document 14
dec 2007)

• Nutrition claim contains fiber
• contains lycopene
• Health claim
• contains antioxidants (antioxidant effect)
• contains probiotics (probiotic implies a health
  benefit)
• with prebiotic fibers

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4. Transition measures (art. 28) nutrition
claims and article 13 function claims

• Foods placed on the market which do not comply
  with the Regulation and labelled prior to 1 July
  2007 marketing until expiry date, not later than
  31 July 2009

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4. Transition measures (art. 28) nutrition
claims and article 13 function claims

• Claims on products not complying with nutrition
  profile 2 years after publication of nutrition
  profile

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4. Transition measures (art. 28) nutrition
claims and article 13 function claims

• Nutrition claims in use before 1 January 2006
  and which are not in the Annex to be sold until
  19 January 2010.

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4. Transition measures (art. 28) nutrition
claims and article 13 function claims

• Function claims (article 13, 1a) can be used
  until the adoption of the Community list of
  permitted claims

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4. Transition measures (art. 28) nutrition
claims and article 13 function claims

• Trade marks or brand names existing before 1
  January 2005 may continue to be marketed until 19
  January 2022 (!)

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5. Sharing experience on implementing Regulation
1924/2006

• Information for food businesses
• close cooperation of VWA with Association of
  Food industries and Ministery of Health
• reports on implementation of Regulation
  1924/2006
• participation in congresses
• compliance assistance by inspectors

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5. Sharing experience on implementing Regulation
1924/2006

• Enforcement of Regulation 1924/2006 in The
  Netherlands
• Training food inspectors
• Information for food businesses

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5. Sharing experience on implementing Regulation
1924/2006

• Enforcement of Regulation 1924/2006 in The
  Netherlands gradual introduction of new
  legislation
• Policy on nutrition profiles
• from 19 january 2009 19 january 2011
  compliance assistance by Enforcement Officer
• 20 January 2011 Enforcement after that date
  (warning, food business has to respond to VWA,
  infringement must be stopped)

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5. Sharing experience on implementing Regulation
1924/2006

• Enforcement of Regulation 1924/2006 in The
  Netherlands
• Policy on nutrition claims
• Enforcement of claims on products which do not
  comply with Dutch law (in use before 1 July 2007)
  and Regulation 1924/2006
• Use of nutrition claims not in the annex until
  19 January 2010 compliance assistance
• Enforcement after that date (warning, food
  business has to respond to VWA, infringement must
  be stopped)

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5. Sharing experience on implementing Regulation
1924/2006

• Enforcement of Regulation 1924/2006 in The
  Netherlands
• Policy on function claims
• Continuation of the present enforcement regime
  no medical claims, no misleading of the consumer
• When EU list of permitted health claims is
  publicated immediate enforcement of
  non-permitted claims (penalty)

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5. Sharing experience on implementing Regulation
1924/2006

• In 2008 VWA will monitor implementation of
  Regulation 1924/2006 in the market
• If companies are aware of the Regulation and have
  started to make preparations in order to comply
  with the Regulation, VWA will not increase
  supervision
• If not, controls will be intensified

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5. Sharing experience on implementing Regulation
1924/2006

• Training food inspectorsPractical approach
• buy foods with claims at your local supermarket
• check the label
• identify all mandatory labelling information
  (?Regulation 1924/2006 does not apply)

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5. Sharing experience on implementing Regulation
1924/2006

• Training food inspectors
• Analyse non-mandatory text and illustrations
• is it a non-beneficial nutrition claim (?
  1924/2006 does not apply)
• Is it a nutrition claim?
• Is it a comparatitive nutrition claim?
• Is it a health claim? What type (general
  non-specific claim? Function claim? Claim
  referring to children? etc etc).

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5. Sharing experience on implementing Regulation
1924/2006

• Training food inspectors
• Check whether or until when the claim is
  permitted
• Discuss your findings with collegues
• The same excercise for other commercial
  communications, like advertising and internet.

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5. Sharing experience on implementing Regulation
1924/2006
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• Thank you for your attention!