Making Claims in a Changing Regulatory Environment
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Eva Hurt, Regulatory Affairs Manager Nestlé UK & Ireland FDII Nutrition and Health Claims Summit PowerPoint PPT Presentation


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Making Claims in a Changing Regulatory Environment Key Changes and Potential Impact The Industry Perspective. Eva Hurt, Regulatory Affairs Manager Nestlé UK & Ireland FDII Nutrition and Health Claims Summit 17 January 2007. The Basics.

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Eva Hurt, Regulatory Affairs Manager Nestlé UK & Ireland FDII Nutrition and Health Claims Summit

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Eva hurt regulatory affairs manager nestl uk ireland fdii nutrition and health claims summit

Making Claims in a Changing Regulatory EnvironmentKey Changes and Potential ImpactThe Industry Perspective

Eva Hurt, Regulatory Affairs Manager

Nestlé UK & Ireland

FDII Nutrition and Health Claims Summit

17 January 2007


The basics

The Basics

  • The Regulation harmonises requirements on nutrition and health claims on food products across the 27 countries of the EU

  • Consumer and business advantage

    Claims may not:

  • Be false or misleading

  • Refer to prevention, treatment or cure of a disease


Scope of the regulation

Scope of the Regulation

Scope

  • Covers nutrition and health claims in foods and food supplements

  • Includes any claims made in Labelling, Advertising, PR and on Websites

  • Impact on trademarks and brands

    Entry into Force - Application

  • Transitional periods: 1-2-3-4-15… years

  • A number of provisions apply from 1st July 2007


Nutrition and health claims

Nutrition and Health Claims

  • Scope of the Regulation:

  • Nutrition Claims - What the product contains

    • Nutrient content claims (e.g. low fat, high fibre, high in calcium); Comparative (e.g. increased, reduced, light)

  • Health Claims – What the product does

    - Well-established claims

    - Reduction of Disease risk Claims

    - Claims referring to children’s development and health


  • Nutrition claims

    Nutrition Claims

    • What the product contains (e.g. low sugar, source of protein, high calcium):

    • List of permitted nutrition claims in Annex

    • Only claims on the list will be allowed (“positive list”)

    • Claims such as “X% fat free” prohibited

    • What about claims such as….?

      • Source of omega 3 (transitional measure)

      • Contains wholegrain (ingredient claim)

      • Contains antioxidants…

    • Nutrition claims are subject to nutrient profiles!


    Comparative claims

    Comparative Claims

    • Comparative claims may only be made between foods of the same ‘category’

      • No more ”Half the vitamin C of an orange”

      • Still do not know what a ‘category’ will be

    • Comparative Claims may only be made with food which itself cannot make a claim:

      • What about “As much calcium in yogurt as in a glass of milk”? or

      • As much Calcium in a soya drink as in a glass of milk


    4 types of health claims

    4 Types of Health Claims

    • What the product does

      1. Well-established Health Claims (Calcium & strong bones, Vit B2 & release of energy from food, whole grain & heart health …)

      List of generic health claims (Art 13)

      2. Health Claims based on newly developed science and/or protected data (Claims not on Article 13-list)

      • “Accelerated” authorisation procedure

        (Art 18)


    4 types of health claims1

    4 Types of Health Claims

    3. Disease risk reduction claims (“X may help reduce the risk of developing diabetes”)

    Full authorisation procedure (Art 14)

    4.Claims referring to children’s development & health (Benefit of Calcium and growing kids)

    Full authorisation procedure (Art 14)


    Procedure health claims art 13 community list

    Procedure: Health Claims art.13 Community List


    Full application procedure

    Full Application Procedure


    Children s claims

    Children’s claims

    • Claims on children’s development and health

      • No transitional period

      • Full a priori authorisation

         Discussion with Commission to lobby for

      • Amendment including reasonable transitional period

      • Clarification of the procedure involved – more proportionality


    Nutrient profiles

    Nutrient Profiles

    • Will be developed within 2 years with regard to Fat/Saturated Fat/TFA/Sugar/Salt

    • Condition to make any type of Nutrition or Health claims (fully applicable 2011)

    • Exemptions:

      • “Reduced” fat/sugar/salt is allowed (30% reduction)

      • If one nutrient exceeds profile, nutrition claim can be made, but statement: “High content of salt”


    Nutrition and health claims regulation

    Nutrition and Health Claims Regulation

    • Status

      • Publication anticipated tomorrow 18th January

    • To do list for industry:

      • All new claims to be made in line with Regulation

      • Assess impact on claims already on market

      • Ensure adequate scientific basis for all claims

      • Prepare/submit application dossiers, where necessary

    • Big(gest) concern: EFSA resources


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