© nino binns 2012fdin seminar – who needs health claims? 21 march 2012 1 professor nino binns bsc...

© Nino Binns 2012 FDIN Seminar – Who Needs Health Claims? 21 March 2012 1

Professor Nino Binns BSc PhD

Nutrition and Health Nutrition and Health Claims:Claims:

What Applies When?What Applies When?

Nutrition and Health Claims Regulation 1924/2006

AnnexAnnex

Nutrition Nutrition ClaimsClaims

Health ClaimsHealth Claims

(a) Function

(b) Cognitive

(c) Slimming

Reduction of disease risk factor

Children’s health/devlpt

Article 13

Health claims

WHAT WHAT THE THE

PRODUCT PRODUCT CONTAINCONTAIN

SS

Nutrient profiles

Labelling

Consumer Understanding

Article 14

Health claims

WHAT THE PRODUCT DOESWHAT THE PRODUCT DOES


AnnexAnnex



(a) Function

(b) Cognitive

(c) Slimming

Reduction of disease risk

factor; children’s health/devlpt

Same as 13.1: (new) science or proprietary

data

Art 13.1 Health claims

WHAT WHAT THE THE


SS


Nutrient profiles

Labelling


Art 14 Health claims



AnnexAnnex



General list DossierDossier


WHAT WHAT THE THE


SS


Nutrient profiles

Labelling


Art 14 Health claims


© Nino Binns 2012 FDIN Seminar – Who Needs Health Claims? 21 March 2012

Nutrition Claims:What can I claim and when?

• Easiest option by far for a health-related claims

• All listed in Annex (including amending Regulation 116/2010)– Must comply now with all

rules in the Annex– Must use nutrition labelling

(full eight)AnnexAnnex


WHAT WHAT THE THE


SS

"no more than" per 100g/100ml "at least" per 100g/100ml

(unless stated otherwise)

free low Reduced/Light increased** source/contains high

Calories n/a n/a

Fat n/a n/a n/a

Saturates (+ trans)

n/a n/a n/a

Unsaturates n/a n/a n/a n/a

PUFA/MUFAn/a n/a n/a n/a

Omega 3 n/a n/a n/a

Sugars* n/a n/a n/a

Protein n/a n/a

Fibre n/a n/a

Sodium n/a n/a n/a

Vits & mins n/a n/a

Other substance n/a n/a n/a n/a n/a

Nutrition Claims

* No added claim also allowed


Health Claims

• Nutrition labelling (full eight)• Other labelling requirements




What counts as a health claim?March 2012

• Commercial Communications directed to the Final Consumer – Labels– Advertisements and advertorials, posters– Websites– Mailings, point of sale etc. Etc.

• Non-commercial communications or not direct to consumers– Information in the press or scientific journals (recital 4)– UK/Ireland - press releases (but DON’T put on your

website) – Communications to HCPs– B2B

• HOWEVER– What “non-commercial” and “direct to consumer” means

is under discussion so these may change -watch out!!


Article 1.2

• This Regulation shall apply to nutrition and health claims made in commercial communications, whether in the labelling, presentation or advertising of foods ................... to be delivered as such to the final consumer.

9


Health Claims:What can I claim and when?

• THE SIX MONTH WINDOW• Can use all Article 13.1(a)

claims until the list legally applies

• 222 claims on list (mostly vitamins and minerals)

• Timing estimate: – Regulation ~ May 2012– Compliance 6 months

later ~Nov 2012

(a)Function

(b) Cognitive

(c) Slimming

Article 13

Health claims



• Only one approved so far:– Water soluble

tomato extract helps maintain normal platelet aggregation, which contributes to healthy blood flow

• Proprietary

Same as 13.1: (new) science or proprietary data




• Some already approved and may be used

• Claims not specific to children sometimes count as Article 13 claims!!

• In practice – many children’s claims still in use so you should comply with the timing of Art 13.1 list

Reduction of disease risk factor

Children’s health/devlpt

Article 14

Health claims

http://ec.europa.eu/nuhclaims/


Other Issues

• Non – specific claims– Must be accompanied by a (relevant) health claim from

the list

• “Contains” claims/ingredient claims etc– Lycopene, Bifidus– Wholegrain– GI, GL

• Wording– Does “have the same meaning for consumers” apply?

• Endorsement by health professionals– Can dietitians write on your website?

• Botanicals


Nutrient Profiles

• Nutrition claims - one profile may be exceeded –but must state food is “high in xxx”

• Health claims - must respect all profiles

Sodium Saturates

Sugars

Apply 24 months following adoption

• Discussions may start again soon• Likely to apply to certain categories

of food


What applies? When?

NUTRITION CLAIMSonly claims in annex

ALL HEALTH CLAIMSonly claims on the lists

NUTRIENT PROFILES

NOW!

FROM late 2012 ?

?


Summary of Claim Opportunities

After the List Applies• Nutrition claims - the simplest way to

make a health related claim• Health claims from the list• Non-specific claim –backed up by

health claim from the list• Communication to journalists or HCPs

(for now) – scope beyond the list• Celebrity endorsement• Other product attributes


Thank you for listening

Nino M Binns BSc PhDConsultant in Nutrition and Food Regulation

[email protected]/fax: +353 41 983 4644

© nino binns 2012fdin seminar – who needs health claims? 21 march 2012 1 professor nino binns bsc...

Documents

health claims regulation

healthrelated claims

substancena nutrition

fdin seminar

na sugars

consumer means

amending regulation

noncommercial communications