Health claims timetable on target, says EC

The European Commission (EC) has insisted that it is still on course to meet its legal deadline of January 2010 for publishing the ‘Community list’ of approved health claims, despite privately telling applicants this is almost certainly not the case.

The official line is that the Commission is “working towards” the original deadline to publish the list of claims approved under article 13.1 of the Nutrition and Health Claims Regulation.

An EC health spokeswoman admitted the claims handling process had taken longer than anticipated, however, she said: “What I can say is that because of the great number of applications, the fact that the Commission had to consolidate a huge list and, above all, the fact that EFSA (European Food Safety Authority) is requiring additional information from applicants, the time required for the preparation of the Community list is taking longer than initially foreseen.”

But she added: “We never said that we will miss the deadline. We are still working towards meeting the deadline.”

However, industry sources said officials had made it very clear that there could be significant delays. One said: “The Commission said it is clear that the deadline will not be met and is currently considering the best way to handle this.”

Patrick Coppens, secretary general of the European Responsible Nutrition Alliance, said even the most optimistic estimates would put the publication of the final list several months beyond the official deadline. "EFSA for sure will not be able to complete all the assessments by the end of the year. Furthermore, the decision procedure [for the EC] alone may last four to six months, given that there is European Parliament scrutiny required."

He added: "The main point of discussion today is the potential discriminative effect the publication of the first opinions or the publication of the list in parts may have."

EFSA has thus far committed to evaluating 1,024 of the 4,185 article 13.1 claims in its in-tray by July 31 and a second tranche of 468 claims by November. But this still leaves a further 2,693 claims requiring assessment between November and the Christmas break in order to give the Commission enough time to put together the final list by January 31.

While a delay could prove frustrating for applicants, it would at least mean that the transition period granted for firms to get products in line with the Regulation would have to be extended, said legal experts.

Article 13.1 claims refer to the role of a nutrient/substance in the growth, development and the functions of the body; psychological and behavioural functions; and weight control claims, and are based on ‘generally accepted science’. Those that make it on to the approved Community list will become available for any company to use, provided they adhere to the conditions of use.