Nutrient profiles

The proposed regulation on nutrition and health claims went to its first reading at the Council of the European Union on June 3. This generated a text which will go forward for second reading at the European Parliament, based on the activity of the European Commission working group and Parliament's first reading.

The controversial article 4 on nutrient profiles, which Parliament voted to completely remove, has thus far survived and will remain in the text of the draft regulation, although some positive concessions have been added, including the exemption of reduced fat, saturated fatty acids, trans fatty acids, sugar and salt/sodium claims from complying with the specific nutrient profiles.

The other significant changes to the draft text are within the previously prohibited claims area. Non-specific claims and making reference to general wellbeing were previously to have been prohibited, but there is now a concession to permit these types of claims if they are accompanied by an authorised health claim.

Also moving from 'prohibited' to 'permitted' for authorisation are claims referring to psychological or behavioural functions, and slimming, weight control or reduction of sense of hunger. However, referring to the rate of weight loss will still be prohibited.

Companies using endorsements by medical associations or charities will be relieved to learn that it is suggested that only endorsements by individual doctors or health professionals should be banned, and that existing national rules on charity endorsements may continue to apply.

Finally, trademarks have received favourable attention -- trademarks that may be construed as a health or nutrition claim may be maintained provided they are accompanied by an authorised health or nutrition claim.

Although the text still has to go through a Parliamentary second reading, and nutrient profiles have survived the first position, this new text has some concessions on both sides.