Health & Nutrition claims - moving towards the final position
This article was written by Pauline Munro, Partner in the Food and Drink Sector Group at Pinsent Masons.
The process to agree the Regulations governing health and nutrition claims is drawing to a close. Although the proposals will not be finalised until early 2006 the Regulations are extensive and all food manufacturers and suppliers should make themselves aware of their content and implications, given that much of the text is now agreed.
Only nutrition and health claims that comply with the Regulations will be allowed in the labelling, presentation and advertising of foods for sale in the European Community. Health and nutrition claims will only be permitted if they are scientifically accepted as having a beneficial nutritional or physiological effect and all such claims must be based on and substantiated by generally accepted scientific data. In addition, nutrition claims will only be permitted if they are within the list of permitted nutrition claims attached to the regulations and comply with the conditions set out in the list for that particular claim.
Specific labelling requirements must also be met if a health claim is made and unless health claims are part of a list of permitted claims, they will have to be authorised in accordance with the procedures in the regulations which may take many months.
There are transitional measures which will enable the continued use of existing claims for a finite period provided certain requirements are met. Importantly, under the Regulations general well being claims will be allowed if they are accompanied by an authorised health claim, as will trade marks that amount to a claim provided they are accompanied by an authorised health or nutrition claim.
Although there are a number of issues that have yet to be resolved such as the extent of the annex of nutrition claims, the inclusion of nutrient profiles and the authorisation process for health claims it would be prudent at this stage for businesses to familiarise themselves with the legislation. The time periods for certain of the transitional arrangements are already running. Any business making health and nutrition claims in relation to its product should scrutinise the Regulations now to assess the impact they will have on its product range and as a consequence what steps it will need to take to ensure compliance with the new regime.
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