Health claims law may not be as restrictive as firms feared

The nutrient profiling system at the heart of controversial new European health claims rules may not be as restrictive as manufacturers feared, according to the European Food Safety Authority (EFSA).

Under the European Nutrition and Health Claims Regulation, which came into force on January 19, manufacturers will be prevented from making health claims about individual ingredients if the foods containing them fall foul of a nutrient profiling system. A similar philosophy, which underpins new food advertising rules in the UK, has been accused of demonising nutrient-rich foods, such as cheese, breakfast cereals and Marmite, because they are also fatty, sugary or salty.

However, EFSA, which is advising the European Commission on establishing nutrient profiles by January 2009, said it might be possible to exempt whole categories such as vegetable oils and spreadable fats, dairy products, fruit products and cereals, and judge them separately.

It said: "It should be noted that the regulation foresees the adoption of exemptions ... an overall nutrient profile would be set from which derogations, adjustments and exemptions may be decided for a limited number of categories."

Comparing foods by portion size rather than by weight was probably the fairest way forward, but "the lack of uniformity in portion sizes across the EU may constitute a serious handicap", warned EFSA.

Many nutritionists and legal experts remain deeply sceptical about the concept of nutrient profiling, whether it is based on overall nutrient scores or on thresholds for certain "bad" ingredients, such as saturated fat.

Miguel da Silva, an advisor at Brussels-based food law consultancy European Advisory Services, told Food Manufacture​ there was reason to be concerned.

"Past examples of such profiling systems have tended to be flawed, leading to questionable results from a scientific point of view," he said.

"It will be fascinating to see how EFSA will try to justify scientifically what is a healthy foodstuff and what is not."