Regulation (EC) 1924/2006 is the corner stone of communication on foodstuffs in the European Union. This regulation, in force since July 2007, notably points out that it is important that health claims related to foodstuffs can be easily understood, and that consumers should be protected from misleading claims. Thus, claims must be exact, truthful, understandable and scientifically justified.
For almost 3 years, EFSA (European Food Safety Authority) has been evaluating generic health claims submitted by stakeholders, under procedure of article 13.1, in order to build up a definitive list of those which will be able to be used.
Among the 4,673 submitted claims, 2,758 claims have been evaluated through 6 successive batches, to lead to a list of 222 positive health claims approved by EFSA. Pursuant to article 13.3 of regulation (EC) 1924/2006, this list was the subject of a draft regulation that was approved today by the Standing Committee on the Food Chain and Animal Health (SCFCAH).
Publication of this regulation should occur in March 2012 after approval of the Parliament.
Four scenarii turn up then:
- claims that received a positive opinion will be present on the Community List and will be authorized and usable across all European Union, if conditions for use are respected;
- claims that received a negative opinion will be present in a Community Register, and shall not appear on communication tools at the end of the 6-months period for putting products in compliance, which will end in September 2012. They will then be forbidden;
- generic claims that are still waiting for evaluation by EFSA will be evaluated later;
- claims still used that haven’t been submitted should have been removed for years but will be clearly unauthorized from March 2012.
This decisive step emphasizes our last advices on the right strategy to follow and the emergency to operate in order to succeed with health claim.
If you haven’t run yet the necessary steps, we still have solutions.
Feel free to contact us in order to work on a tailored strategy for your products.