Nutrition and Health Claims
Nutrition and Health Claims
An increasing number of foods sold in the EU bear nutrition and health claims. A nutrition claim states or suggests that a food has beneficial nutritional properties, such as “low fat”, “no added sugar” and “high in fibre”. A health claim is any statement on labels, marketing or advertising that health benefits can result from consuming a given food, for instance that a food can help reinforce the body’s natural defences or enhance learning ability.
EU framework
EU decision makers adopted a Regulation on the use of nutrition and health claims for foods in December 2006. This Regulation lays down harmonised EU-wide rules for the use of health or nutritional claims on foodstuffs based on nutrient profiles.
One of the key objectives of this Regulation is to ensure that any claim made on a food label in the EU is clear and substantiated by scientific evidence. EFSA is responsible for verifying the scientific substantiation of the submitted claims, some of which are currently in use, some of which are proposed by applicants. This information serves as a basis for the European Commission and Member States, which will decide whether to authorise the claims.
EFSA’s tasks
EFSA’s work includes providing scientific advice on:
- General advice on nutrition claims such as “source of omega-3 fatty acids defined in Article 8 of the Regulation.
- “General Function” health claims such as “calcium is good for your bones” are defined by article 13.1 of the Regulation. These claims are based on generally accepted scientific evidence. A consolidated list of these claims is currently being evaluated by EFSA.
- "New function” health claims defined under Article 13.5 of the Regulation are based on new scientific evidence and/or for which protection of proprietary data is requested. They require applicants to provide scientific evidence substantiating the claim proposed for a specific product or substance.
- Claims regarding disease risk reduction and child development or health . These kinds of claims, defined under Article 14 of the Regulation, require applicants to provide scientific evidence substantiating the claim proposed for a specific product or substance.
- Criteria for setting nutrient profiles . Nutrient profiles are nutritional requirements that foods must respect in order to bear nutrition and health claims. Nutrient profiles are established by the European Commission and Member States.
Applications for the authorisation of new function health claims and claims regarding disease risk reduction and child development and health must take into account EFSA technical guidance for applicants. The Authority assesses whether the claims are scientifically reliable and justified.
All applications are given an Application Number and are recorded with an EFSA-Q-Number in EFSA’s Register of Questions, where details on the status of each claim are provided.
How to submit an application
EFSA has produced guidance on how to submit claims applications, following an extensive consultation process with industry and other interested parties. Applicants wishing to submit a claim should follow EFSA’s guidance.
To complement the guidance published in 2007, EFSA published a document outlining answers to frequently asked questions (FAQs) about the preparation and presentation of applications for Article 14 and 13.5 claims. The revised FAQs takes into account the comments received during the consultation held in May 2009 as well as the discussions and comments received at a technical meeting with applicants held on 15 June 2009.
- Frequently Asked Questions (FAQ) related to the EFSA assessment of Article 14 and 13.5 health claims applications - Published: 30 September 2009
Resources from the European Commission
Applicants may also consult the information and documents available from the European Commission regarding the regulatory framework.
- Health and Nutrition claims – European Commission, DG Health and Consumers
- Regulation (EC) No 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods - 20 December 2006
- Guidance on the implementation of Regulation (EC) N° 1924/2006 on nutrition and health claims made on foods - 14 December 2007
- Commission Regulation (EC) No 353/2008 establishing implementing rules for applications for authorisation of health claims - 18 April 2008
Published: 19 November 2009 Adopted: 15 October 2009
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21 August 2008
Brussels,
6 October 2009
Brussels,
15 June 2009