Blocking EFSA health claim opinions becoming law

With EFSA rejecting almost 80% of health claims submitted under article 13.1, industry is rightly concerned. However, these opinions are not yet law. Although EFSA has given its opinion and the commission intends to publish the list, the European parliament has still 3 months to look at the opinions and their implementation through the regulatory procedure with scrutiny, which could in theory mean a potential chance to block their adoption into law.

If parliament finds that the legislation and its implementation is not inline with the mother regulation then they can veto it, essentially blocking their legal acceptance and as such enforcement. At present one major issue is the nutrition and health claims regulation (NHCR) is being used to implement EFSA’s opinions in a batch by batch approach i.e. 500 + claims release and entered into law at a time. The NHCR should act not only in the interest of the consumer but also by proportionality, fair competition, and free movement of goods and it is the belief by many that this is not occurring.

One of the other issue is that the implementation of the regulation is not being carried out correctly with the likes of vitamins a minerals getting an easy pass (acceptance based on textbooks) as 13.1 claims whilst other nutrients are being ask to provide the same degree of evidence as required under article 13.5 and 14 (a more complex dossier requirement based on randomised controlled trials, and ingredient characterisation).

With the likes of high profile MEP’s including Mario Mauro and Bonislaw Sonic set to challenge the commission over implementation of the NHCR the next few months should be followed closely by all of use with a vested interested in the food and beverage markets.