Health Claim

What does Brexit mean for nutrition labelling?

This is one burning question I have been asked several times – and one I have even wondered about myself, so having recently listened to a podcast on this topic with a senior European food law analyst (Peter Rixon, IEG Policy), I thought a short blog about this would be useful!

The general understanding is that in the short term there will not be any radical changes. Current EU regulations will continue to apply, including the most recent introduction of mandatory back of pack nutrition labelling. The UK actually helped to steer changes to EU food law that we now adhere to through the Food Information Regulation and it appears that negotiating trade agreements is the priority post Brexit!

 

However, looking at aspects of labelling such as front of pack traffic light nutrition – which is currently voluntary in the UK and has proven to be very successful despite not being popular with Italy (who put pressure on the EU Commission to take legal action against the UK as it is thought to discriminate against some of their products). France have recently launched a colour coding scheme indicating that this sort of labelling is likely to become more popular and that Brexit is not going to put a stop to it. There are also increasing pressures from non-governmental organisations (NGOs) for traffic light labelling to become mandatory and for the same scheme to be applied correctly.

And what about health and nutrition claims? EU regulations govern these and it is the European Food Safety Authority (EFSA) who is responsible for verifying them. It is thought that the UK will continue to apply the rules of the regulation with an opportunity to review them at a later date. There is an argument that the current rules prevent innovation and that deregulation could see advances in the functional food market. However, food businesses selling into the EU would still have to comply with the legislation.

So, in summary, it is envisaged that we are not likely to see the advances made in nutrition labelling becoming undone but instead, the UK has the opportunity to take the lead as there will be greater flexibility outside of EU regulation for us to do so. Whilst there will be the potential for change in the longer term, the emphasis post-Brexit will be on continuity and the avoidance of disruption.

AB Food Nutrition has many years of experience in food labelling and carrying out nutrition calculations for both mandatory back of pack nutrition labelling and voluntary front of pack multiple traffic light systems. Each project is handled with meticulous care to maximise accuracy whilst offering value for money and unparalleled customer support. For more information or to request a product recipe analysis contact Anne today.

Making nutrition & health claims -legally!

Being a registered nutritionist who has a specialism in food labelling, I just can’t help myself checking out the food information on packaging when I am out and about in supermarkets, convenience stores or farm shops (by the way – I’m not alone on this!!). Sadly, I do see lots of mistakes – particularly when it comes to nutrition claims, and this isn’t always restricted to what is on the label as I see mistakes in other commercial publications such as websites, and advertisements but also increasingly on social media posts. Claims are even popping up on fast food & catering menus that drop through the door such as ‘low fat’, ‘superfood’ or ‘healthy option’!

Quite often these nutrition claims pop-up in a very general statement or within a product description – and if the authors didn’t think they were actually making a claim that must comply with regulations, then I should point out that ignorance is no defence!

The regulation EC no. 1924/2006 (as amended by EU reg no. 1047/2012) defines nutrition claims as:

stating, suggesting or implying that a food has a beneficial nutritional composition due to presence/absence/increased or reduced level of energy or a nutrient. Only nutrition claims listed in the annex to the regulation can be used if the specific criteria for that claim has been met.

And a heath claim as:

Stating, suggesting or implying that a relationship exists between a food/food category/constituents and health. So even saying “good for you” may also be a health claim! Only authorised health claims can be used so long as products meet the conditions stated.

In a nutshell, it simply isn’t good enough to google information (other search engines are available!) about a food and then slap the nutritional/health benefits found all over labels, webpages and across your social media posts. Care needs to be taken to ensure that the nutrition information for your product is accurate in the first place so that you can check if any claims you want to make can be substantiated.

But that’s not all! One of the fundamentals of food labelling is that it must not be misleading so, the wording you can use must have the same meaning to the consumer as the claims listed in the annex or on the EU register. For example, saying a product “contains no fat” would be subject to the conditions for fat free. The same also goes for pictorial or symbolic representations. Medicinal claims that imply the food can prevent, treat or cure a human disease are a no go area – they are not permitted to be used on food!

And, if you want to make a comparative claim – this must be with foods of the same category so, for example you should not compare the calcium content of a yogurt with that of an orange! The key requirement is that the comparison helps consumers make informed choices. The comparison you choose should also be representative of the market, so making a reduced sugar claim on lemonade in comparison with the full sugar version in the range is permitted if the full sugar variant has similar sugar levels to other full sugar lemonades also available from competitors or brands.

There are additional statements required on the label (or presentation or advertising) of products that make health claims:

  • The importance of a varied & balanced diet and healthy lifestyle
  • Quantity/consumption pattern required to obtain the benefit
  • Statement to who should avoid using the food (if appropriate)
  • A warning if likely to present a health risk if consumed to excess

Every week the Advertising Standards Authority publish their weekly rulings, and for those companies who have been published for being in breach of the regulations/advertising codes, they generally remain on the website for five years!

The Department of Health have published detailed guidance and also a quick start guide containing a flowchart to help you decide whether you need to comply with the regulation.  When done correctly and effectively, communicating the nutrition and health benefits of your products not only enables consumers to value them more, but can help them to make informed dietary choices too.

AB Food Nutrition specialises in carrying out nutrition analysis of products and recipes and assessing the criteria for any permitted nutrition / health claims. We can also review commercial communications including website copy for compliance with the regulations. For a competitive, personalised quotation contact Anne.

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