Breaking News on Supplements, Health & Nutrition - Europe US edition | APAC edition

Read more breaking news



Food Supplements Directive: Stay positive (or bans may follow)

1 commentBy Shane Starling , 08-Jan-2010
Last updated on 14-Jan-2010 at 13:53 GMT2010-01-14T13:53:09Z

Products containing nutrients that don’t appear on the EU Food Supplements Directive (FSD) positive lists are now officially illegal and can be stripped from store shelves after the derogation period expired on December 31, 2009.

While this is not a problem for most companies that have engaged in reformulation where necessary to ensure their products are in line with the FSD, there remains a question mark over products that may remain on-market, and the manner in which the regulation will be enforced across the 27 member states of the European Union bloc.

Several member state trade associations have highlighted the issue, with concerned companies wondering what actions need to be taken in regard to unsold stock.

According to the European Federation of Associations of Health Product Manufacturers (EHPM) regulatory affairs director, Lorène Courrège, it is difficult to tell exactly how the regulation will be enforced.

“It is up to the enforcement agencies in each member state now,” she said. “It is difficult to say what actions will be taken , if any, but I suspect there is going to be a pragmatic approach.”

Asking for trouble

But she said companies were asking for trouble if they allowed products to remain on-shelf containing prohibited ingredients.

“This deadline has not come as a surprise – there has a lot of warning about it and prudent manufacturers will remove products otherwise there is a danger products could be removed from shelves.”

A European Commission spokesperson said the Commission left it to member state enforcement bodies to get on with policing the regulation, unless it received a corporate or consumer complaint directly that may prompt it into action.

“There are instances where we can deal with on a case-by-case basis but usually it is up to the member states to enforce the rule,” she said.

Trade groups in Poland, Lithuania, the UK, the Czech Republic, Belgium and Hungary have registered concern about how the regulation is going to be enforced and what kind of advice they should be giving their members.

The Polish Council for Supplements and Nutritional Foods (KRSiO) had lobbied for an extended transition period to 2014, but this failed. It called the imposition of the Directive into Polish law a “flawed transposition”.

Edvinas Butkus, executive director of the Lithuanian Self-medication Industry Association (LSIA), said its members had highlighted as potentially problematic products containing ingredients such as chromium nicotinate and nickel sulfate.

Butkus said he was aware of about 10 ingredients that were raising potential red flags for its members.

“We hope extra time will be given to allow some of these products, for which there are no safety concerns, to be sold through.”

Safety concerns

Aušra Aleknavičiūtė, products and registration specialist at supplier Walmark in Lithuania, said a sell-through period should be allowed because nutrients not on the positive list did not necessarily possess safety concerns.

In many cases the European Food Safety Authority (EFSA) did not, “have enough data for their evaluation.”

“Those substances have been on the EU market for a long time and there is no serious reason for immediate withdrawal of these substances from the market. For such substances, there is no reason not to allow a reasonable sell-out period on the national level.”

Information about the FSD, including the full text and the annexes, can be found here .

EFSA processed 533 applications relating to 344 nutrients and identified safety concerns with 39 of them.

1 comment (Comments are now closed)

Arbritrary List of allowed ingredients

What are calcium acetate - in use as a drug, boric acid - in use as insecticide and flame retardant and sodium hydroxide or caustic soda doing on the list of approved ingredients for supplements in annex II of COMMISSION REGULATION (EC) No 1170/2009
of 30 November 2009 amending Directive 2002/46/EC? No concern about health and safety at work?

Why would consumers want these ingredients in their supplements?

Report abuse

Posted by Hygieia
13 January 2010 | 18h122010-01-13T18:12:27Z

Related products

Live Supplier Webinars

Polyphenols tipped to become the way to innovate in Sports Nutrition
Alpha & Omega in Sports Nutrition – Using Omega 3’s and A-GPC to improve performance and recovery.
KD Pharma
Orally bioavailable standardized botanical derivatives in sport nutrition: special focus on recovery in post-intense physical activities
Collagen in motion: move freely and keep your injuries in check
Leading manufacturer of gelatine and collagen peptides
Life’s too short for slow proteins. Whey proteins hydrolysates: Fast delivery for enhanced performance
Arla Foods Ingredients
What it Takes to Compete and Win in Today’s Sports Nutrition Market
Sports Nutrition Snapshot: Key regional drivers and delivery format innovations
William Reed Business Media
Gutsy performance: How can microbiome modulation help athletes and weekend warriors
William Reed Business Media
Pushing the boundaries: Where’s the line between ‘cutting edge nutrition’ and doping
William Reed Business Media

On demand Supplier Webinars

High-amylose maize starch may reduce the risk of type 2 diabetes: what does this qualified health claim mean?
Balancing Innovation and Risk in Sports Nutrition Ingredients
Explaining bio-hacking: is there a marketing opportunity for food companies?
William Reed Business Media
Personalized Nutrition – how an industry can take part in shaping the future of Nutrition
BASF Nutrition & Health
Find out Nutritional and ingredient lifecycle solutions and strategies!
Is the time rIpe for I-nutrition?
William Reed Business Media
The Advantage of Outsourcing Fermentation-based Manufacturing Processes
Evonik Health Care
All supplier webinars