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There are concerns among health campaigners that if this level of political conflict continues, the public health objectives of the Regulation will be lost.

Regulation (EC) No 1924/2006 on nutrition and health claims on foods was intended to apply to any food or drink product on sale in the EU. The aim of the Regulation was to prevent consumers from being misled as to the nutritional content of a product by unsubstantiated claims. The implementation of the nutrition and health claims Regulation is dependent on the setting of nutrient profiles that the Commission has been developing. It is these profiles that have been the cause of such controversy.

Political agendas that run counter to the aims of the regulation have led to exemptions for certain products, such as traditional breads and/or unprocessed foods. Following inter-service consultation, the draft proposal was also expected to have an increased number of categories, raising fears that biscuits and doughnuts will be able to bear a health claim. Such developments caused great concerns within the public health community that healthy eating messages, such as the importance of cutting down on sugar, salt and saturated fat, would be undermined.

Dorette Corbey MEP (PSE) submitted a written question to the Commission on nutrient profiles, asking for a justification for the proposed exemptions. She stressed that by exempting products that are high in fat, salt or sugar from nutrient profiling, the Commission was defeating the whole purpose of the regulation. Commissioner Vassilliou replied to the written question by stating that ’certain food products have a particular role and importance in the diet of the population’ and therefore merit exemption.

Indications from the Commission suggest, however, that they are aware of the fact that the proposal, in its current form, ’has problems,’ and do not expect the proposal to be adopted until September. There is therefore the hope that in the meantime the EC will take the opportunity to reconsider the public health objectives of the regulation. It is imperative that the European Commission ensures nutrient profiles do not contradict both DG SANCO initiatives (salt reduction) and initiatives being carried out in the Member States (traffic light systems, restriction of advertising for unhealthy products).

Nutrition and health claims in the rest of the world

In the United States, the issue of nutrition and health claims is also being hotly debated. The Food and Drug Administration (FDA) has recently taken issue with the health claims made on a breakfast cereal produced by Cheerios®. The health claim suggested that consumers could lower...cholesterol by 4 per cent in six weeks by eating Cheerios® regularly. The FDA also objected to an assertion that ’eating Cheerios® cereal reduced bad cholesterol when eaten as part of a diet low in saturated fat and cholesterol.’The FDA has noted that the industry is looking upon health claims as a good marketing tool, and more and more companies are trying to differentiate their products through health claims. This action is seen by public health campaigners as a sign that the new Obama administration is taking a tougher stance on misleading claims. Clear synergies can be seen, therefore, between the US and the European Union.


For more information

- DG SANCO Regulation on Health and Nutrition Claims

EPHA related articles

- EPHA Position on Nutrient Profiles

- *UPDATED* Regulation on nutrition and health claims made on foods, November 2007

- Briefing MEPs on nutrition and health claims

- EPHA position paper on nutrition and health claims

Last modified on mai 28 2009.

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