the future of sports nutrition · sports nutrition •shaping key pieces of legislation •ensuring...
TRANSCRIPT
Sports nutrition regulation: taking the opportunities and heading off
the threats
Claudia Mucciardi, Vice Chair of ESSNA Regulatory Affairs Manager, EMEA, Glanbia Performance
Nutrition Food Matters Live
Tuesday 21st November @ESSNASports
Who are ESSNA?
Pan-European alliance of key players in the sports nutrition industry, both global and European
Launched in 2003 – when Europe was planning a new law to tightly regulate sports nutrition products
Works to influence all regulations affecting the sports nutrition industry
Works to improve the reputation of the industry:
─ engagement with the press and media
─ tackles non-compliant products
─ seeks to ensure consumers are not misled
─ works to address doping
Forum for discussions: working groups - protein, amino acids, claims and non-compliance
@ESSNASports
ESSNA activities
Political influence
• Dialogue with key policy makers in EU
• Lobbying for favourable outcomes for the sports nutrition
• Shaping key pieces of legislation
• Ensuring proportionate implementation and enforcement
PR
Communications
• Improve consumers and legislators perceptions – and educate both groups
• Press turn to first for comments on sports nutrition issues
• Proactively debunk myths
• Work on social media
Compliance
• Police the market to improve reputation
• Protect responsible businesses
• Engage with enforcement authorities
• Consumer protection
• Tackle inadvertent doping
Platform for discussions
• Tap into members expertise to assess impact of issues, reach consensus, and take action.
• Working groups on health claims, protein definition, amino acids and non-compliance
• Host events & speak at conferences
Regulatory advice
• Access to regulatory updates from a team of experienced advisors
• Regular intelligence documents informing of the latest regulatory developments and how they affect the sector
@ESSNASports
ESSNA Members
• Active Nutrition International
• Aminolabs Group
• Arla Foods Ingredients
• Body Temple UK
• Bulk Powders
• Calleva
• Cambridge Commodities
• CNP Professional
• Cornelius Group
• DCC Health &Beauty Solutions
• Direct Food Ingredients
• Enervit
• EssentiaMetabolic Proteins
• Fonterra
• FrieslandCampina
• Future Nutrition
• Gelita UK
• General Nutrition Corporation
• Glanbia Performance Nutrition
• Grenade
• Herbs in a Bottle
• High Five
• ICAAS
• Iovate Health Services International
• International Taste Solutions
• Kinetica
• LGC
• Lonza
• MaxiNutrition
• MedixLaboratories
• Milk Specialities
• myprotein.co.uk
• NBTY Europe Ltd
• NSF International
• Nutraveris
• Nutritional Products International
• Nutrition Group
• Prinova Europe
• Prometeus
• Reflex
• Sci-MX Nutrition
• Scitec Nutrition
• Stepan Speciality Products
• Synergy Flavours
• TasteTech
• TdeltaS
• Tropicana Health and Fitness
• USN UK
• Van Eeghen
• Vitalize (incorporating Bodybuilding.com)
• Vitamin Center
• Volac
• VSI
@ESSNASports
Today we will discuss
• The changes to sports nutrition regulation
• …and what the means for challenges and opportunities in the sector today
• Brexit & the industry
@ESSNASports
An industry in the shadows
• Pre-2016 sports nutrition regulated under the PARNUTS framework
• Specific compositional criteria
• Athletes treated as vulnerable group
• Image problems:
• Sports nutrition products associated with bodybuilder stereotype
• “Dodgy reputation”; products available mainly through gyms, fitness clubs
• But industry always developing and ESSNA pressure meant specific product composition rules never materialised
@ESSNASports
Sports nutrition out of the shadows
PARNUTS FSG General Food Law
• PARNUTS review presented
opportunity to take sports
nutrition in the mainstream
• Changes in consumer behaviour
supported that argument
• Regulation 609/2013 on Foods for Specific Groups did not include sports food
• Commission report on foods intended for sportspeople reiterated that sports food should fall under General Food Law
• BUT noted that adaptations would have to be made
• 3 year transition period + full sell through
• GFL applied from 20th July 2016 – though specific law such as Food Supplements Directive applies where relevant
• Welcome step, sports food impossible to define from a legal point of view
• Sports food now widely available in supermarkets
• Used by a vastly diverse consumer base (elite athletes, recreational athletes, health-conscious consumers)
@ESSNASports
Challenges
1. General Food Law- adaptations and opportunities
2. Need proper functioning of the internal market
Remaining challenges broadly on two fronts:
1. Proper adaptations in General Food Law
2. Proper functioning of the internal market
Too narrow vs too broad - what is the right balance?
@ESSNASports
Adapting GFL
Nutrition and Health Claims Regulation
(NHCR- Regulation 1924/2006) Recognition of sportspeople as a general population sub-group with specific dietary needs
Nutrient profiles / right to market / confidence and trust
Food Information to Consumer Regulation (FIC- Regulation 1169/2011)
Protein Definition Terms such as “sport”, “exercise” not as an
implied health benefit but as instructions of use
Fortification legislation (Regulation 1925/2006) Significant amounts: in some cases these levels may not be feasible: electrolytes
Addition of certain substances under 953/2009 - addition possible under General Food Law or Novel Foods?
@ESSNASports
Proper functioning of Internal Market
Free movement of goods hampered by national law
Mutual recognition principle not respected/enforced
Member States impose unjustified barriers to trade
Pretext of public health grounds – not always based on scientific assessments
Other mechanisms (e.g. SOLVIT), inadequately known or not fit for
purpose
Need for consistent application of EU across MS
@ESSNASports
Opportunities
1. General Food Law- adaptations and opportunities
2. Need proper functioning of the internal market
Two broad opportunities:
1. Better recognition of benefits of sports nutrition
2. Regulatory certainty
A liberated market!
@ESSNASports
Better recognition of sports nutrition benefits
Impact of market growth
Increasing visibility of industry
Non-Compliance campaign
@ESSNASports
Regulatory certainty
@ESSNASports
A stable policy environment
Space and freedom to plan!
…with one big caveat
Finally – Brexit
1. General Food Law- adaptations and opportunities
Challenges and opportunities!
@ESSNASports
Brexit and sports nutrition
EU makes vast majority of food law –
so when UK leaves, will transfer EU law into UK
law
Following UK’s departure, British
legislators can amend any law they wish
But issue of regulatory divergence would
arise – a UK company would have to
package/label a product differently for
different markets
@ESSNASports
Challenges and opportunities
Challenges
• Political instability
• Lack of trade deal
• Imposition of customs checks
• Disruption of supply chains
• Labour force considerations
• Regulatory divergence
Opportunities
• Review/repeal burdensome legislation
• Example of UK legislation to EU
• Growth of UK sector
• Impact of new trade deals on sports nutrition
@ESSNASports
Brexit: what is ESSNA doing?
Work with members to
establish priority
issues/concerns
Insights and intelligence
from EU institutions
Regular meetings with
key UK Government departments
@ESSNASports
Questions and Answers?
Contact:
@ESSNASports
@ESSNASports