EU medical devices route tempts article 13 health claim losers
These include fibre, cranberry, chitosan and other supplements featuring nutrients on the now enforceable EU nutrition and health claims regulation (NHCR) list of 1500+ non-authorised health associations that accompanies the approved vitamins and minerals dominated, 222-claim approved register.
“The French authorities told us there has been a sharp increase in applications for medical device status from rejected food supplements,” said Gunter Haessaerts, the owner of French cranberry supplements brand, Pharmatoka.
The situation is being mirrored across some of the EU’s 70+ offices that are able to process such applications.
Trade groups like the European Federation of Associations of Health Product Manufacturers (EHPM) have been advising members affected by the NHCR to consider applying for medical device registrations.
“This hurts everybody’s business”
However Haessaerts and his firm are lobbying against this for business and ideological reasons.
“This hurts everybody’s business,” he told us. “We have had to remove our claims as have others in the industry due to the NHCR article 13.1 rulings. We are using the strength of our brand and science to stay in the market.”
“Then these products come along that allegedly show a mechanical action as the medical device laws demand, and they are able to make medicinal claims which should never be allowed on such products.”
“These products contain only 8mg of PACs [proanthocyanidins] and will not treat urinary tract disease [compared to the 32mg the French Food Agency (ANSES) had previously approved as being beneficial to women with the condition.]”
One cranberry product that has achieved a medical device authorisation – Medical Brands' I-Say – claims it can treat and prevent UTI.
See Medical Brands CEO Maikel Hendriks talking about medical devices here.
There are about 60 cranberry supplement brands on the market in France, with the biggest owned by Arkopharma (Cys-control). Arkopharma has also applied for a medical devices registration via Luxembourg.
Haessaerts said Pharmatoka intended to go even further and achieve a prophylactic medicine approval, but first needed to complete clinical trials that were underway using high dose products in combination with antibiotics.
Chitosan
Another company making medical devices claims is Belgian firm Kitozyme which is authorised to state its plant-sourced chitosan fat-binding ingredient called KiOnutrime-Cs can:
- Support a weight reduction diet in cases of excess weight through reduced fat absorption from food.
- Treat excess weight.
- Deliver weight control within the scope of a fat conscious diet.
- Reduce fat absorption from food.
- Reduce cholesterol absorption from foods.
KitoZyme's Alexia Louchet told us its dossier contained some studies rejected by the European Food Safety Authority (EFSA) under the NHCR, as well as others demonstrating the 'mechanical action' of chitosan as a medical devices authorisation demands.
