BEUC: Health claim ‘adjustments’ need caution and nutrient profiles

By Annie Harrison-Dunn

- Last updated on GMT

Any changes to the health claim regulation should ensure consumers are not misled, the European Consumer Organisation (BEUC) has said in a letter to the Commission
Any changes to the health claim regulation should ensure consumers are not misled, the European Consumer Organisation (BEUC) has said in a letter to the Commission

Related tags Nutrient profiles Nutrition Snack functional beverage beverage

The European Consumer Organisation (BEUC) has urged the European commissioner for health and food safety to practice caution when making ‘adjustments’ to health claim and botanical rules.

Speaking to EU agriculture ministers last month, commissioner Vytenis Andriukaitis reportedly said it may be necessary to “consider whether adjustments might be needed to the current rules governing the use of health claims, in particular as regards nutrient profiles and the use of health claims on the so-called botanicals”.

Responding to the hint in a letter to the Commissioner, BEUC said such adjustments should ensure that “consumers aren't misled by foods making spurious health claims and confirm the European Commission commitment towards better regulation and evidence based policy making”​.

In particular the consumer group urged the Commission to establish nutrient profiles for foods allowed to carry health claims – something it said would stop ‘health halos’ over confectionery, snacks, sugary beverages fortified with nutrients.

It also said the Commission and the European Food Safety Authority (EFSA) should not grant exception to the “no data, no claims”​ principle for botanicals.

Any changes would come as part of the REFIT programme, the Commission’s assessment of whether current regulation was fit for purpose. It aimed to make EU law simpler and reduce regulatory costs, which it hoped would contribute to a clearer, more stable regulatory framework and support growth and jobs.

Health claims encouraging obesity?

Yet consumer groups have expressed concern that this bureaucratic clear-out may be influenced by industry and put consumers at risk.

BEUC communication officer Elisavet Sergiadou told us: “Making laws better is a laudable approach but there is a risk it might lead to an unbalanced cutting of red tape.”


Instead, BEUC said the Commission should be looking to uphold and reinforce”​ the existing legislation by developing a nutrient profiling system, something which was actually required by the 2006 EU Health and Nutrition Claims Regulation (HCR).

The initial deadline for this was 2009 but six years on and little progress has been made. 

BEUC outlined nutrient profiles as one of its key priorities in its proposition paper​ back in February.

Since then the World Health Organisation (WHO Europe) released a report on nutrient profiles and restricted marketing of unhealthy foods to children.

In its letter, BEUC called these nutrient profiles “ambitious and high quality” ​and said it showed how different countries could work together to classify foods.

It said it supported the health claims regulation, but this support was inextricably linked to the notion of nutrient profiles.

“Without nutrient profiles health and nutrition claims can appear on confectionery, snacks, sugary beverages etc. which are high in sugar, fat or salt and can contribute to excess energy intake and drive the global obesity epidemic, especially among children,” ​the organisation’s director general Monique Goyens wrote.

No data, no claims

Andriukaitis’ hint on botanicals also spurred the group to emphasise its concern over the possibility of a parallel evaluation system for botanical claims based on traditional use not the hefty scientific demands made on other nutrients.

“We do not believe that grandmother wisdom warrants consumers wasting money on products making false health promises. We expect the Commission not to shy away from protecting consumers from misleading botanical claims,” ​Sergiadou said.  

There are currently about 2000 botanical health claims stuck in EU food law limbo awaiting clarification on the kind of evidence needed to prove efficacy. 

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Posted by Dr Vaclav BAZATA,

Traditional Herbal Medicine Products Directive (THMPD)in EU is really not about grandma´s wisdom, but about the evaluation of 30 years existence within EU member states (MS) by HMPC (Herbal Medicinal Products Committee) consisting of national experts of each MS.This "simplified" recognition of traditions could be done also for botanical food/dietary supplements without the discerning scientific demands for other nutrients/ingredients...

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Chicken soup

Posted by Ajay Patel,

But traditional herbal medicine is grandma's wisdom.
I find that sometimes the best way to contradict someone is to allow them to keep talking.

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Way to reduce regulatory costs

Posted by Dr Vaclav BAZATA,

To make EU law more simple and reduce regulatory cost is very easy:
This is in no way to accept
" grandmothers wisdom" as BEUC is trying falsely to suggest, but to accept traditions of use in EU market for a determined period of time as it is in case of Traditional Herbal Medicinal products (THMP), also without any
clinical trials and discerning evaluation.
I believe that Commissioner Andriukaitis will discover this easy way forward...

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