CONTROVERSIAL CLAIMS
Despite the lack of nutrient profiles, a number of claims have recently not been authorised because they could be misleading to consumers regarding advice to reduce sugar intakes. These include five claims for glucose and energyyielding metabolism that were given a positive opinion by EFSA but were refused authorisation. Additionally, four claims for caffeine were vetoed by the European Parliament because of concerns about the high sugar content of energy drinks that would be likely to carry such claims. These claims now remain on hold. Hence, despite the absence of nutrient profiles, it seems that other means are being used to restrict claims on foods that are not in line with dietary recommendations. CHILDREN’S CLAIMS
In addition to the 12 children’s development and health claims that have been authorised to date, positive EFSA opinions have been issued for 25 or so proposed claims for micronutrients and omega-3 fatty acids targeted at infants and children up to three years of age. Authorisation for these claims is complicated by EFSA’s proposed conditions of use which refer in part to the compositional criteria for regulated food categories that now fall within the Foods for Specific Groups Regulation.4 Hence, authorisation of claims for mandatory nutrients in regulated products, i.e. infant and followon formulae5 and processed cereal-based food and baby food, is being considered in parallel with implementation of the Foods for Specific Groups Regulation,4 particularly in relation to compositional requirements. For normal foodstuffs intended for infants and young children, EFSA’s proposed conditions of use are at least 15% of the reference values for nutrition labelling. However, the nutrient reference values (NRVs), or reference intakes (RIs) for vitamins and minerals, are based on adult requirements. Whilst the need to set NRVs and RIs for young children has been discussed recently, nothing has yet been proposed. Adding to these dilemmas, from 2020/21 all claims will be prohibited on infant formula products, and hence it has been questioned whether health claims should be allowed
on regulated and non-regulated products (supplements and young child formulae) for infants and young children. The Commission has consulted on these issues and the outcome is awaited. VERY LOW CALORIE DIETS (VLCDS)
Regulation of VLCDs within the Foods for Specific Groups Regulation,4 does not allow for health claims on such products and hence the proposed health claim for ‘reduction in body weight’ which is currently on-hold, is due to be refused authorisation. CLAIMS IN COMMUNICATIONS TO HEALTHCARE PROFESSIONALS
A further development relates to a German court case, requesting clarification about the applicability of the Nutrition and Health Claims Regulation1 to business communications targeted at healthcare professionals. The Advocate General concluded that the Regulation should apply to such communications, the key issue being whether the foods per se are intended for the final consumer, and not the communication. This opinion is not binding on the courts, but is influential in any judgements and is, therefore, of concern since it differs from our interpretation in the UK. SAFETY CONCERNS
A further issue relates to safety concerns that have been raised about particular substances that are the subject of claims or proposed claims. There is provision to assess their safety under the Addition of Vitamins and Minerals and of Certain Other Substances to Foods Regulation.6 Article 8 of this Regulation sets out a process whereby a substance of potential concern can be placed in one of three categories: Part A - prohibited, Part B - with specified conditions, or Part C - under scrutiny for four years. If a substance is listed in Part C there is an 18-month period to submit safety information and a nine-month period for EFSA to give its opinion. A proposed claim for hydroxyanthracene derivatives and improvement of bowel function has been awarded a positive EFSA opinion. However, Member States raised concerns about its safety and under the Article 8 procedure and www.NHDmag.com November 2017 - Issue 129
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