The EU’s first piece of legislation addressing nutrition and health claims went into effect yesterday, July 1, 2007. “Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods” is binding and applicable in all member states, and is intended to protect consumers from misleading, exaggerated and untruthful claims on food. In addition, the regulation will provide food manufacturers with clear rules that ensure fair competition and help protect and promote innovation in the food industry.
The regulation applies to any food or drink product produced for human consumption to be sold on the EU market, including food intended for supply to restaurants, hospitals, schools and similar public venues, and it applies to nutrition and health claims made in all commercial communications, such as labeling and advertising. The new rules do not cover cosmetics, medicine or pet food products.
Under terms of the regulation, information about the nutritional or health benefits of foods that is not clear, accurate or substantiated will not be permitted. In addition, claims referring to rates or amounts of weight loss, and claims referring to recommendations of individual doctors will be banned. Permitted nutrition claims are listed in the Annex to the regulation, and a Community Register of permitted claims will be established and made available to the public. Member states will submit a list of claims already approved at the national level and, within three years of the regulation entering into force, the European Commission (EC) will produce an EU positive list of health claims. Health claims based on new scientific data must be submitted to the European Food Safety Authority (EFSA) for evaluation, then approved by the EC and member states.
Food on the market or labeled prior to the July 1 enforcement date that do not comply with the regulation can remain on the market until they expire, but no later than July 31, 2009. Trademarked or brand names of products that do not comply with the regulation must be phased out within 15 years of the legislation’s enactment.
Click here to view the complete text of Regulation (EC) No 1924/2006.
