The new EC Regulation on nutrition and health claims on foods

Abstract

The area of health claims has been unregulated in Europe until recently. A new regulation on nutrition and
health claims made on foods came into force on 19 January 2007. The Regulation has been eagerly awaited by
all parties involved. The Regulation includes 37 whereas clauses, 29 Articles and an annex for nutrition claims
and conditions applying to them. In practice, three main types of health claim are included in the Regulation,
as referred to in Articles 13 and 14. The type of the scientific evidence is described slightly differently for
Article 13.1 and Article 13.5: ‘‘generally accepted scientific evidence’’ and ‘‘newly developed scientific
evidence’’, respectively, although the scientific status of evidence shall be the same for all kinds of claims. So
far, there are four types of guidance for applying the Regulation. The wording of health claims is an essential
issue in the Regulation, as well as the concept of nutrient profiles. In the Regulation there are three issues of
special interest, when compared to the Swedish Food Sector’s Code of Practice, i.e. concerns about ‘‘other
substances’’, ‘‘food supplements’’ and ‘‘the average consumer’’. The Regulation will be evaluated in 2013,
reporting the impact of this Regulation on dietary choices and the potential impact on obesity and noncommunicable
diseases.