Introduction

Progression in science has clearly demonstrated the close relationship between diet and health. As a result consumers are interested in foodstuffs which provide specific health benefits. The food industry is responding to this demand with considerable R&D; investment to investigate the relationship between food components and health benefits so as to develop such products.

The Confederation of the Food and Drink Industries of the EU (CIAA) believes that the investment of resources in the development of innovative products with health benefits will be undertaken and encouraged only if manufacturers are able to inform consumers throughout Europe of these benefits.

The CIAA position

CIAA finds that the present legal framework covering health claims is both inflexible and incomplete. While the European Union still has to develop firm proposals on legislation covering health claims, discussions are underway at international level within the framework of the Codex Alimentarius to develop draft recommendations for their use. CIAA has established general principles for making health claims and has drawn up guidelines for their substantiation and assessment as well as guidelines for communication.

Establishing the relationship between foodstuffs and their health-promoting properties is a costly undertaking, and manufacturers will be reluctant to invest in this type of research if claims concerning health benefits are not permitted. The regulatory framework should leave sufficient room for innovation, but be strict enough to prevent false or misleading claims.

Various categories of foodstuffs that answer specific health problems already exist, including food for special dietary uses, food for special medical purposes, and dietary supplements. But some manufacturers are introducing new categories of foods (with names varying according to countries and trends e.g. "functional" foods, "designer" foods and "nutraceuticals"), in all cases claiming health benefits.

CIAA is against the creation of new regulatory categories of foods. Existing regulations already cover all relevant aspects of foodstuffs, and there is no need to establish specific legislation for so-called "functional" foods. However health claims need to be made lawfully. So there is a need to adapt the current regulatory framework in order to provide legal certainty when making claims.

Much of the difficulty of regulating health claims derives from the fact that there are many ways of describing the relationship between nutrition and health. Statements go from very simple nutritional messages, such as "calcium is required for healthy bones", to the claimed reduction of the risk of specific diseases.

Claims that a food can treat or cure a disease should not be allowed. All other claims should be allowed, provided they are based on scientific evidence.

It is particularly important to make a distinction between "enhanced function" claims and "reduction of disease risk" claims. Enhanced function claims relate to the specific beneficial effects of nutrients and non-nutrients on physiological or psychological functions or biological activities beyond their established role in the growth, development and other normal functions of the body (e.g. "Calcium improves bone density" or, "Product X reduces cholesterolemia").

Reduction of disease risk claims, on the other hand, relate to the consumption of a food or food component that, because of specific nutrients or non-nutrients contained in it, may help reduce the risk of a specific disease or condition (e.g. "Adequate calcium intake may help reduce the risk of osteoporosis in later life" or, "Regular consumption of Product X may limit the risk of constipation").

CIAA believes that nutrient function claims, claims related to healthy eating patterns and both categories of health claims, i.e., "enhanced function" claims and claims related to "reduction of disease risk", should be allowed. While aware that the EU's Labelling Directive (79/112/EEC) does not permit claims related to the reduction of a disease risk, CIAA believes that an amendment of the Directive is justified in the interest of public health.

Any health claim should be supported by scientific evidence demonstrating the specific physiological effect that is claimed, and should indicate an effective level and frequency of consumption. The company responsible for placing the product on the market is responsible for justifying any claim. CIAA is opposed to a closed list of authorised claims: control procedures should be a posteriori, as a system of prior authorisation is excessively heavy and bureaucratic.

Finally, health claims should be relevant to the consumption pattern of the food. They should not overstate benefits or imply that a balanced diet of ordinary foods would not supply adequate amounts of all essential nutrients. Claims should only be made for a food as part of a dietary pattern and should not lead to over-consumption of a given food and consequently to eating too little of other foods. It should always be remembered that there are no good foods or bad foods, but only good diets and bad diets.