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

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