Food-health claims

Question 1

What is a claim?

Answer 1

Any representation which state, suggest or implies that a food has particular characteristics relating to its origin, nutritional properties, nature, production, processing, composition or any other quality.
Its is not about words, it is about context and consumer expectation.

Question 2

Does it matter where the claim is made? On pack, advertising, point of sale, digital.

Answer 2

NO, all commercial communication to consumers needs to be in compliance.

Question 3

What is a nutrition claim?

Answer 3

Any claim which states, suggests or implies that food has particular beneficial nutritional properties due to energy (it provides or does not provide) or nutrients or other substances (it contain or does not contain).

Question 4

What are health claims dived into?

Answer 4

based on generally accepted scientific data-> art 13.1

Based on newly developed scientific data -> art 13.5

Reduction of disease risk claims + claims growth and development of children -> art 14.

Question 5

Give examples of a nutrition claim.

Answer 5

Content: fat-free, with no added sugars, source of fibre/protein/vitamin/mineral, high fibre/protein/vitamin/mineral

Comparative: increased/decreased [name of nutrient], light/lite (=reduced)

Question 6

What is a health claim?

Answer 6

Any representation that states, suggest or implies that a relationship exist between a food or a constituent of that food and health.

Question 7

Why do we need regulations on health claims?

Answer 7

To contribute to a high level of consumer protection (to make sure that the consumer is not overconsuming)

To guarantee the right of information to consumers

To help consumers to make informed choices by requiring clear, comprehensible and legible labeling of foods.

To prevent any practices that may mislead the consumer.

To simplify the law, ensure legal certainty and reduce administrative burden and benefit citizen
To avoid unfair commercial practice.

To achieve the free movement of food in EU (all food is legalized in the same way)
= to ensure certainty for consumers and other stakeholders and create an efficient regulatory environment at EU level.

Question 8

What was the primary objective of health claims in the EU?

Answer 8

A primary objective of the regulation was to harmonize across the community, the regulatory and scientific requirements related to nutrition and health claims. One scientific standard has been established for all health claims (the standard is the highest possible)

Question 9

What was the scope of the regulation?

Answer 9

Harmonize rules on nutrition and health claims. Ensure effective functioning of the internal market. Provide a high level of consumer protection.

Question 10

What does scientific criteria for the evaluation of health claim imply?

Answer 10

Health claims to be substantiated by: generally accepted scientific evidence, taking into account the totality of the available scientific data, and by weighing the evidence.
The NDA panel makes a judgement on whether there is sufficient scientific evidence to support the claim.

Question 11

Claim must not be?

Answer 11

Be false, ambiguous or misleading,
give rise to doubt about the safety and/or the nutritional adequacy of other foods,
encourage excess consumption,
state, suggest or imply that a balanced and varied diet cannot provide appropriate quantities of nutrients in general.

Question 12

What does article 13 mean?

Answer 12

Health claims (article 13): means any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its constituents and health.

Article 13 claims
Referring to: the role of a nutrient or other substance in growth, development and the function of the body; or psychological and behavioural functions; or slimming or weight control or a reduction in the sense of hunger or an increase in the sense of satiety or to the reduction of the available energy from the diet.

Grey zone between nutritin and health claims
contains pro/prebiotics, contain antioxidants – both refer to a function in the body and are considered article 13-claims.

Question 13

What does article 14 mean?

Answer 13

Reduction of disease risk claims (article 14): means any health claim that stages, suggest or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of human disease.

Question 14

What type of health claims refers to art 13.1?

Answer 14

Art 13.1 general function claims
Health claims describing or referring to:

a, the role of a nutrient or other substance in growth, development and the functions of the body

b, psychological and behavioural functions

c, slimming or weight-control or a reduction in the sense of hunger or an increase in the sense of satiety or to the reduction of the available energy from the diet

Question 15

What type of health claims refers to art 13.5?

Answer 15

Art 13.5 based on newly developed scientific evidence
Product specific health claims
Based on newly developed scientific evidence and/or which include a request for the protection of proprietary data.

Question 16

What type of health claims refers to art 14?

Answer 16

Article 14 claims reduction of disease risk claims “reduces a risk factor in the development of human disease”, claims referring to children’s development and health.

Question 17

How are health claims evaluated?

Answer 17

The NDA panel looks through an application and comes out with a scientific opinion – yes or no. The commission decides on the approval – follows EFSA NDA panel recommendation.

The regulatory principles
1. Non-misleading – Non deceptive

2. True -scientifically sound
3. Not medical – not treating/curing disease
4. Safe for the general population – labelling can play a role

Question 18

To what extent should a food/constitute be characterized?

Answer 18

Clearly defined and measurable, substantiation of the claim should be based on studies performed with the particularly constituent. For plant products, the scientific name, the part and the preparation used should be characterized. For microorganism (e.g. bacteria, yeast): species identification: genetic typing and internationally accepted molecular methods and naming of strains according to international code of nomenclature. For manufacturing processes, information should be provided to show consistency.

Question 19

What is included in a scientific assessment?

Answer 19

Main issues addressed by NDA Panel in the scientific assessment.
The panel consider the extent of which:

1, the food/constituent is defined and characterised

2, the claim effect is defined

3, the claim effect is a beneficial physiological effect (“beneficial to human health)

Question 20

How should the claimed effect be shown to be beneficial?

Answer 20

Scientific judgement. For function claims, a beneficial effect may relate to maintenance or improvement of a function. For reduction of disease risk claims, “beneficial” refers to whether the claimed effect relates to the reduction of a risk factor for the development of a human disease.

Question 21

Is antioxidant good?

Answer 21

Positive – they scavenge reactive oxygen species – and delay ageing. Positive for longevity. Maybe in competition we can boost our antioxidant capacity.

negative – they are reducing the effects of necessary reactive oxygen radicals. They diminish the internal antioxidant defence of the body. During exercise it is detrimental to eat antioxidants.