Negative health claims may not stop company marketing

By Stephen Daniells

- Last updated on GMT

Related tags: Health claims, European union, European commission

A negative opinion from EFSA on a health claim is not necessarily the end of the line for marketing the products benefits, and avenues to market the product are still available, says a UK-based lawyer.

At the NutraIngredients Health Claims 2010 conference in Brussels, Owen Warnock from UK law firm Eversheds tells Stephen Daniells what the options are for companies who receive a negative health claims opinion.

“The first and simple option is to take the product off the market – not a very attractive option,” said Warnock.

A second option is to consider if a positive opinion would be possible if the dossier was resubmitted.

Commenting on article 13.4, Warnock said that the European Commission is right to take the stance that this is not an appeal.

Related topics: Regulation & Policy, Suppliers

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