The European Commission has recently approved a list of 222 permitted health claims which may be used in respect of food. Companies will have until December 2012 to ensure that the labelling, packaging and marketing materials they use in the European Union comply with the new requirements. Examples of health-type claims include "rich in calcium for strong bones" or "reducing blood cholesterol".
The 222 permitted health claims will each have conditions of use. Companies using one or more permitted health claims must be able to satisfy the conditions of use attached to the claim. Enforcement authorities will assess compliance by companies with the conditions of use. Also, companies must be able to substantiate any permitted health claim which is made.
The permitted list of health claims (and a list of unauthorised claims) will be made available on databases on the European Commission's website. 1 The permitted list will also be published in the Official Journal of the European Union. 2
If your company sells food or wellness products in the European Union, you should commence reviewing all labelling, packaging, catalogues and other marketing collateral to ensure that any health claims made in respect of the products are permitted. If not permitted, all non-compliant claims should cease to be used (and removed from selling materials) by December 2012.
Footnotes
1 http://ec.europa.eu/nuhclaims/.
2 http://eur-lex.europa.eu/JOIndex.do.
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.
