SUBSCRIBE

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

Trends > Botanicals

See you in court? EC tells Poland it has two months to change food supplement laws

By Shane Starling+

06-Mar-2013
Last updated on 06-Mar-2013 at 14:38 GMT2013-03-06T14:38:30Z

Ginkgo

Ginkgo

Poland is failing to recognise EU laws that promote free trade across member states when it comes to food supplements – and has been given two months to alter its laws or face EU court action.

The European Commission said Poland must respect the principle of mutual recognition that obliges EU countries to allow products onto their markets if they have been approved in other member states.

“…the current rules in Poland create a barrier to the free movement of goods in the EU's internal market and so are contrary to Articles 34 and 36 of the Treaty on the Functioning of the European Union,” the EC said.

It added: “If the legislation is not brought into compliance within two months, the Commission may refer the matter to the EU Court of Justice (ECJ).”

One company that has formally complained about the situation is Czech-based supplements giant, Walmark, which said the Polish set-up was refusing its products including a ginkgo biloba supplement.

At a recent food law conference in Brussels, Walmark medical director, Martina Simova, said her firm had lodged a complaint with the EC in 2010.

The conference highlighted the fact mutual recognition problems were widespread in the EU, with Latvia, Romania, Hungary, Austria, Sweden and Denmark all shown to be struggling with the principle in one way or another.

“Today has shown that there is a need for harmonisation but it is an area that requires a lot of work at EU level,” Simova said.

“Burdensome”

In its reasoned opinion about Poland the EC said it received complaints from several sources, about burdensome Polish explanatory proceedings for importers of food supplements originating in other member states, especially when the food supplements contain substances that can potentially be used in medicinal products.”

The Commission considers that the Polish legislation lacks legal certainty, in particular because of the reversed burden of proof with regard to the safety assessment of the food supplements.”

“This means the cost of the safety assessment is payable by the importers, rather than being carried out and paid for by Polish authorities. It is worth noting that the food supplements at stake are presumed to be safe because they were first lawfully manufactured or marketed in other member states.”

Related products

Live Supplier Webinars

Polyphenols tipped to become the way to innovate in Sports Nutrition
Fytexia
Orally bioavailable standardized botanical derivatives in sport nutrition: special focus on recovery in post-intense physical activities
Indena
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
Capsugel
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
Alpha & Omega in Sports Nutrition – Using Omega 3’s and A-GPC to improve performance and recovery.
KD Pharma

On demand Supplier Webinars

High-amylose maize starch may reduce the risk of type 2 diabetes: what does this qualified health claim mean?
Ingredion
Balancing Innovation and Risk in Sports Nutrition Ingredients
NSF-International
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!
Roquette
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