Health claims rules move closer
The process to agree regulations governing health and nutrition claims is drawing to a close, with the proposals expected to be finalised early in 2006. The regulations are extensive, warns Pauline Munro, partner in the food and drink sector group at legal firm Pinsent Masons.
"Food manufacturers and suppliers should make themselves aware of the regulations' content and implications, given that much of the text is now agreed," she says. "Only nutrition and health claims that comply with the regulations will be allowed in the labelling, presentation and advertising of foods for sale in the European Community."
Furthermore, nutrition and health claims will only be permitted if they are scientifically accepted as having nutritional or physiological benefits. And they must be based on and substantiated by generally accepted scientific data, as well as fall within the regulations' list of permitted claims.
Specific labelling requirements must also be met for health claims, which, unless they appear on a list of permitted claims, will have to be authorised - a process that can take months.
But there is no need to panic just yet, says Munro, as manufacturers can continue using existing claims during a transitional period, provided certain requirements are met.
"General wellbeing claims will be allowed if they are accompanied by an authorised health claim, as will trade marks that amount to a claim, provided they are accompanied by an authorised health or nutrition claim," says Munro.
She believes it would be prudent for businesses to familiarise themselves with the legislation now, but points out: "There are still a number of issues that have yet to be resolved such as the extent of the annex of nutrition claims, the inclusion of nutrient profiles and the authorisation process for health claims."
