The Purpose of the Regulation
At its core, the nutrition and health claims regulation, primarily Regulation (EC) No 1924/2006 in the EU, aims to protect consumers from false, ambiguous, or misleading information on food labels and advertising. By regulating the claims made, the legislation helps consumers make informed choices based on credible, scientifically backed evidence. For manufacturers, it creates a level playing field by setting clear, harmonized conditions for using claims across the market, fostering fair competition. This regulatory framework addresses the information asymmetry that exists between food producers and consumers, building trust and safeguarding public health.
Types of Claims Covered
The regulation categorizes claims into two main types: nutrition claims and health claims. Each type has specific requirements that must be met before use.
Nutrition Claims
These claims indicate a food's beneficial nutritional properties related to energy or nutrient content. Examples include: “low fat,” “high fibre,” or “sugar-free.” Such claims require the food to meet specific compositional criteria; for example, a “low fat” claim on a solid food means it has no more than 3g of fat per 100g.
Health Claims
Health claims suggest a relationship between a food or its components and health. These are more strictly regulated, often requiring scientific substantiation and approval, frequently involving the European Food Safety Authority (EFSA). Health claims are divided into:
- Function Claims (Article 13): Relate to normal body functions, psychological aspects, or weight control. Example: “Calcium is needed for the maintenance of normal bones”.
- Risk Reduction Claims (Article 14): State that a food significantly reduces a disease risk factor. Example: “Plant stanol esters have been shown to reduce blood cholesterol. Blood cholesterol is a risk factor in the development of coronary heart disease”.
- Claims for Children's Development (Article 14): Address growth and development specifically in children. Example: “Vitamin D is needed for normal growth and development of bone in children”.
The Authorization Process
Authorizing a health claim is a detailed process. Manufacturers submit scientific evidence to national authorities, which then forward it to EFSA for scientific assessment. EFSA evaluates the data to confirm the link between the food component and the claimed health benefit. The European Commission makes the final authorization decision based on EFSA's opinion and other factors. Approved claims are added to an official list, though proprietary claims can have a five-year data protection period.
Key Restrictions on Claims
The regulation prohibits claims that are false, ambiguous, misleading, or that:
- Raise doubts about other foods' safety or nutritional value.
- Promote excessive consumption.
- Suggest health is compromised by not eating the food.
- Refer to weight loss rates or amounts.
- Cite individual health professionals' recommendations.
- Attribute the ability to prevent, treat, or cure diseases.
General health claims like “good for you” must be supported by a specific, authorized claim. Claims on products like sports supplements must be well-substantiated and not misleading to athletes.
A Comparison of Regulatory Approaches
Comparing the EU and Australia/New Zealand (FSANZ) systems reveals different regulatory models.
| Feature | EU Regulation (EC) No 1924/2006 | Australia/New Zealand (FSANZ Standard 1.2.7) |
|---|---|---|
| Core Principle | Claims must be scientifically substantiated and often require pre-market authorization. | Claims need scientific evidence and follow a tiered system. |
| Claim Tiers | Function Claims: Based on accepted science (Article 13). Risk Reduction Claims: Require authorization (Article 14). | General Level: Self-substantiated, notify FSANZ. High Level: Link to serious disease, need FSANZ approval. |
| Approval Body | European Commission (EC) final decision, with EFSA scientific input. | FSANZ approves high-level claims and is notified of general-level claims. |
| Prohibited Claims | No disease prevention/treatment claims. Restrictions on weight loss and implying necessity. | No claims on alcohol or infant formula. High-level claims must refer to a disease biomarker. |
| Mandatory Labeling Info | Must state the importance of a varied diet. | Foods with health claims must meet Nutrient Profiling Scoring Criteria. |
Impact on Consumers and Manufacturers
The regulation enhances consumer confidence by providing credible information, reducing exposure to misleading marketing, and facilitating informed dietary choices. For manufacturers, while authorization can be complex and costly, successful claims offer a competitive edge and boost product reputation. This encourages innovation and research into beneficial food properties. The clear process supports fair competition. Navigating varied global regulations remains a challenge, though harmonization efforts help.
For more detailed regulatory guidance, manufacturers can consult the European Food Safety Authority (EFSA) website.
Conclusion
The nutrition and health claims regulation is essential for building consumer trust and protecting public health. It mandates scientific backing for marketing messages, ensuring claims are credible and based on evidence. Oversight by bodies like EFSA confirms accuracy and promotes healthy diets. Ultimately, the regulation empowers consumers and drives responsible innovation in the food industry.