According to a publication in the Journal ‘Food Policy’ researchers from Norway, Sweden, Denmark and Finland have shown that certain health claims can negatively influence the perception of a functional food. The researchers initiated a 30 minute online questionnaire, which was subsequently completed by 4612 respondents (All from Nordic countries). [An audio discussion about the research available on the link below] Online participants were shown four product descriptions. One of these had no health claim, and the other three carried claims that differed on structure, active ingredient,...

In the latest batch of 31 opinions (grouped from 416 submissions) from EFSA’s NDA panel we can see that this process of assessment is setting a precedent for the acceptance of only vitamins and minerals. The big losers are not unexpected antioxidants and probiotic based claims which have been rejected across the board. For the industry this is scary especially for the likes of the superfruit / smoothie market and giants such as Innocent, known for their use of the term Antioxidant on marketing materials and commercial communications. The opinions relate not only to the lack of characterisation...

As of the 19th of January 2010 ‘nutrition claims’ such as low GI, Isotonic and hypotonic are under threat by enforcement bodies throughout the EU. For those in the weight management or sports nutrition market, labelling and other forms of commercial communication using such claims could be removed by enforcement agencies. Under the terms of the Nutrition and Health Claims Regulation (EC No 1924/2006) those claims not currently contained within the 24 approved claims in the Annex (Article 8 ) cannot legally be maintained. The Annex of the regulation provides a list of specific nutrition...

On October the 30th 2009 the Broadcast Committee of Advertising Practice (BCAP) revised its TV and radio advertising codes so to not conflict with the Nutrition and Health Claims Regulation (NHCR) 1924/2006. This means that advertisements will now be viewed and assessed in relation to decisions and opinions related to the NHCR. The adoption of the regulation was brought into immediate effect. This follows the earlier integration of the NHCR within the CAP code (Covered in our Blog in Jan 2009), a code governing the advertising (broadcast and non-broadcast) of consumer goods in the UK. Although...

Following the significant damage of the first wave of article 13.1 opinions by EFSA and subsequent 70% rejection rate, what can industry do now given EFSA will not re-assess these claims via the 13.1 process, even if new or additional data is available? Well there are potentially 2 routes, firstly is article 13.5 for newly developed scientific data (submitted via the procedures under art 15-18), or secondly via Article 13.4 for claims which meet generally accepted scientific evidence. Article 13.4 of the health claims directive (1924/2006) should be adopted in accordance with article 24(2) relating...

EFSA and the Food Safety Commission (FSC) of Japan have signed a Memorandum of Cooperation on the collection and sharing of data required for the assessment of current and emerging risks. As crops, animals and food products are transported around the globe, so can the risks associated with the food chain. Ensuring access to a larger pool of international data is one of the priorities of EFSA’s international strategy. The Food Safety Commission of Japan, like EFSA, is responsible for the assessment of risks associated with the food chain and gives independent scientific advice to risk managers...

At last EFSA has released 94 opinions on a small batch of 523 health claims relating to over 200 food components. With 66% of the claims rejected (negative opinion) including the likes of glucosamine, the industry is again in turmoil - but it gets worse… According to Directorate-General for Health and Consumers (DG SANCO) the body which helps make sure traders, manufactures and food producers observe their legal obligations, commented that those given a negative opinion by EFSA have 6 months to comply and be removed from the market. In a recent exclusive interview with EU Food Law Weekly,...

Dannon Co. have agreed to reimburse consumers up to $100 for products purchased out of a $35mn fund, according to settlement terms of a class action lawsuit filed in January 2008 regarding advertising for its Activia and DanActive products. The suit had claimed that the marketing and advertising materials for Activia, DanActive and Dan Active Light were deceptive. Under the conditions of the settlement , Dannon have agreed to some significant amendments to their labeling and marketing materials. 1. They will remove the word “immunity” from the product labeling and packaging of its...

LIPObind from Goldshield Ltd has been really pushed as a weight loss aid in 2009. Despite multiple cautions from the Advertising Standards Authority (ASA) over the past 2 years because of unsubstantiated product claims (including another for LIPObind only a month earlier), Goldshield are still marketing the product for weight loss…But at what cost? According to the September 16th ASA adjudication, LIPObind is still trying to market this product by function and name as a weight loss product. Although, LIPObind is classified as a Class IIa Medical Device the directive attached to this classification...

Over 4000+ health claims dossiers submitted to EFSA for review where expected earlier in the summer of 2010 however with vast number to be assessed, EMP elections, and continued discussions between the industry and EFSA has lead to a delay in response. However, recent discussions between EFSA and key European trade organizations have commented that at least some opinions will be released in September. There have been some significant issues with the way generic type health claims would be assessed by EFSA but one of the side issues has been the way these opinions would be released. Initially,...