Health and food safety

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Nutrition and health claims made on food

Summary
Evaluation
Commission Proposal
Legal Act
Implementation

Overall state of play:

Evaluation finalised in SWD(2020) 95 on 20/05/2020

State of play, main conclusions, outlook

The Commission finalised its evaluation of the Regulation (EC) 1924/2006 on nutrition and health claims made on foods with regard to nutrient profiles and health claims made on plants and their preparations. On nutrient profiles, technical work is ongoing.

See also Scoreboard entry on Food Information to consumers.

REFIT Platform

The REFIT Platform issued two opinions relating to nutrition and health claims made on food. Opinion XI.11.a-b relates to practical suggestions to improve the functioning of the existing Regulation (in particular, the transparency of procedures for the authorisation of health claims; less scientific and more consumer-friendly wording of health claims; the possibility to market products with the same claims in all Member States). In its opinion XI.6.a-b, the REFIT Platform recommends awaiting the results of the evaluation on nutrition and health claims before deciding on whether there is a need to collect additional evidence on the performance of the Traditional Herbal Medicines directive 2004/24/EC and whether on this basis, an amendment of the latter is needed. Those opinions were considered during the evaluation finalised in 2020.

State of Play

Evaluation finalised: SWD(2020) 95 on 20/05/2020

Scope:

Evaluation of Regulation (EC) 1924/2006 on nutrition and health claims made on foods with regard to nutrient profiles and health claims made on plants and their preparations.

Evaluation findings:

The Nutrition and Health Claims Regulation (‘Claims Regulation’), adopted in 2006, to protect consumers and to ensure an effective functioning of the internal market, frames the use of nutrition and health claims in the labelling, presentation and advertising of foods. It ensures that all claims on foods sold in the EU are clear, accurate and based on scientific evidence.

Since its adoption, the implementation of the Regulation remains incomplete. Nutrient profiles, that had to be set by January 2009, have not been established and health claims on plants and their preparations used in foods are not yet fully regulated. In addition, the situation in relation to health claims on plants and their preparations has led to a broader reflection regarding the use of plants and their preparations used in foods.

This evaluation focused on nutrient profiles and health claims on plants and their preparations added to foods. It also considered the more general regulatory framework for the use of such substances in foods since it is closely related to the use of health claims.

On Nutrient Profiles:

Overall, the evaluation findings showed that the specific objective pursued by the setting of nutrient profiles is still pertinent and necessary to meet the objective of the Claims Regulation, which is a high level of consumer protection. Therefore, the setting of nutrient profiles would need to be further considered.

On Health claims on plants and their preparations and the regulatory framework on the use of plants and their preparations in foods:

Overall, the evaluation findings showed that, in the current situation, the objectives of the Claims Regulation are not fully attained. It could be appropriate to explore the notion of 'traditional use' in the efficacy assessment of health claims on plants used in foods together with the effects of the co-existence, on the EU market, of Traditional Herbal Medicinal Products on the same plant substances. In the light of the shortcomings identified in the smooth functioning of the internal market and the possible openness to the notion of 'traditional use' to substantiate health claims on plants, there are merits for further studying the potential EU harmonisation of the field of plants, including the safety aspect.

Full evaluation findings:

https://ec.europa.eu/food/sites/food/files/safety/docs/labelling_nutrition-claims_swd_2020-95_part-1.pdf