On the implementation of Regulation (EC) No 1924/2006 on nutrition and health claims made on foods
ENVI-PR-753549
Committee on the Environment, Public Health and Food Safety · Rapporteur: Tilly Metz
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This is a draft report on how Regulation (EC) No 1924/2006 on nutrition and health claims made on foods has been implemented. It finds that nutrient profiles have not been set, that an 'on-hold' list of 2 078 botanical claims still applies, and that online claims are largely ungoverned.¶¶¶ It calls for a Commission proposal on nutrient profiles, for harmonised rules and a monitoring system for botanicals, for updated enforcement guidance and a knowledge network, and for guidelines on health claims in online communications.¶¶¶
Committee position. The rapporteur proposes that Parliament call for swift adoption of nutrient profiles, harmonised rules and monitoring for botanicals, updated enforcement guidance and a knowledge network, and guidelines for health claims online.¶¶¶
Key points
- The Regulation applies to voluntary nutrition and health claims on food and food supplements in all commercial communication, including labelling, presentation and advertising.¶
- The Commission's 2020 evaluation identified two aspects not fully implemented: nutrient profiles to restrict claims on foods high in fat, sugar and/or salt, and the framework for claims on botanicals.¶
- Nutrient profiles should have been set by January 2009 under Article 4; the Commission proposal planned for 2022 has not been submitted, and Parliament calls for its swift publication.¶¶
- An 'on-hold' list of 2 078 health claims on botanicals, set up in 2012, allows these claims to remain in use under Article 27 transitional measures, which Parliament says can mislead consumers and create unfair competition.¶¶
- Parliament asks the Commission to assess whether 'traditional use data' could substantiate efficacy claims on botanicals, with mandatory labelling and advice to consult a physician if such claims are authorised.¶¶
- It urges Member States to harmonise rules on botanical food supplements and calls on the Commission and Member States to set up an EU-level monitoring system for adverse health effects.¶
- It calls on the Commission to provide updated guidance on marketing practices that circumvent the Regulation, and for a knowledge network to harmonise enforcement and bridge interpretation gaps among Member States.¶¶
- It invites the Commission to draft guidelines for online enforcement, defining commercial communication on social media and setting procedures for monitoring and regulating health claims online.¶¶
- It calls on the Commission and Member States to create a platform to share best practices among national competent authorities.¶
- It highlights the 'halo-effect' and advocates minimum and maximum usage thresholds on labels and a recommendation to consult a healthcare professional before consuming food supplements.¶
- It calls on the Commission to examine extending EFSA's remit to assess the relevance of claims for nutrients that few European consumers lack.¶
Who is affected
- Consumers, who may be exposed to unauthorised or unassessed claims on food and food supplements.¶¶¶
- Food business operators, facing uncertainty, unfair competition and differing national provisions.¶
- Member States, responsible for enforcement and for classifying botanicals as food or medicine.¶¶
- Manufacturers and regulators, facing challenges from inconsistent classification of botanicals.¶
Figures and deadlines
- 2 078 health claims relating to plant substances on the 'on-hold' list established in 2012.¶
- 269 health claims authorised for use in the EU in July 2023.¶
- At least 18 % of new products entering the EU food and drink market carry nutrition or health claims.¶
- An estimated quarter of all foods available on the EU market bear such claims.
- Nutrient profiles should have been set by 19 January 2009.¶¶
- Herbal medicines safely used for 30 years, including 15 years in the EU, can use a simplified registration procedure.¶
- More than half of European adults and one in three children are overweight or obese.¶
Legal basis: Articles 168 and 169 of the Treaty on the Functioning of the European Union.¶