Restricting health claims to healthy foods

The UK will ask the European Commission to develop a transparent system of restrictions to prevent nutrients being added to unhealthy foods, or health claims being made on fatty or salt-laden products.

Health agencies and consumer groups are concerned that manufacturers of foods with a poor nutritional profile could be able to use the new European health claims on their finished products simply by boosting the levels of vitamins or other nutrients.

Nutrition or health claims, such as 'with added vitamins', on these products could undermine healthy eating messages that are aimed at achieving diets lower in fat, salt and sugar, says the UK's Food Standards Agency (FSA).

EU Commissioner for Health and Consumer Protection David Byrne said in a speech earlier this year that there would not be 'a blacklist' of foods to be avoided. He said: "We do not intend to prohibit the use of claims on certain foods on the basis of their 'nutritional profile'. This would run contrary to the basic principle in nutrition that there are no 'good' and 'bad' foods but rather 'good' and 'bad' diets."​

However, the recently published proposal on health and nutrition claims confirms that food profiles will be taken into account, although it is not yet clear how this process will be carried out by the European Food Safety Authority (EFSA).

Research just published by the FSA​ examined how the US, Canada, Australia and Japan restrict such claims to 'healthy foods'. The study developed four different models that could be used to assess food profiles, ranging from a more relaxed model seen in the US to that likely to be requested by public health organisations.

Pilot tests were carried out by the agency, but all four models revealed weaknesses. However the research showed that restrictions seem to depend on practical factors such as the likely acceptability and enforcement potential, said the FSA.

The US has a list of foods it considers are not appropriate for fortification, but more often restrictions are based on nutrient content. For health claims in the US, Australia and New Zealand, the nutrients per serving are taken into account. Canada also excludes staple foods from fortification by vitamins and minerals.

It seems clear that the same criteria should be used to restrict both health claims and addition of vitamins/minerals. The FSA team said a balance of public health and commercial concerns must inform the final process, although they urged the system "to err towards being more rather than less restrictive, at least at the beginning".

The Food Standards Agency is currently consulting on the European Commission's proposal to regulate nutrition and health claims. The comment period closes on 24 October 2003.