On June 21, 2016, the European Commission
("Commission") announced a public consultation and online
survey to review the Health Claims Regulation 1924/2006 in early
September 2016, as anticipated by the "RoadMap" published in November 2015. The
review focuses on two areas of the Health Claims Regulation: health
claims made on botanicals and nutrient profiles. The consultation
will explore whether the respective provisions should be
implemented as planned or repealed (and replaced by another
framework). The consultation will focus on quantitative data and
objective evidence supporting either a "full
implementation" scenario or a "no-implementation"
scenario.
The Health Claims Regulation covers two types of health claims:
health claims made on botanicals and health claims "on other
foods." Provisions on health claims "on other foods"
have already been fully implemented and can be used only if they
are authorized by the EU. By contrast, health claims on botanicals
are still "on hold," which means that prior claims to the
Health Claims Regulation can be used as long as the evaluation by
the European Food Safety Authority ("EFSA") over the new
proposed claims is still ongoing. With regard to nutrient profiles,
foods will be able to bear a nutrition or health claim only if they
meet the maximum thresholds imposed by the regulation for certain
nutrients in foods. For example, if breakfast cereals or sport
drinks surpass a certain level of sugar or fat, an operator would
not be able to label them with any health claims, such as claims
related to the addition of vitamins, or nutrition claims, including
claims that the food is a source of potassium. In 2009, the
Commission issued a working document that sets out proposed
nutrient profiles for selected foods, such as beverages, milk
products, cereals, etc.
Ales Bartl of Jones Day's Brussels Office is a representative
of the European Food Law Association in the stakeholder meetings
organized by the Commission on this revision.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
