A new law means that food manufacturers must back up their health claims with scientific evidence. Sylvia Thompsonreports
Food manufacturers will no longer be able to make false health claims about food products, following new legislation that came into effect on Friday. The new EU regulations, which became law in all 27 member states last week, mean that food manufacturers must back up any nutritional or health claim made about their product with scientific evidence.
Dr Mary Flynn, chief specialist in public health nutrition at the Food Safety Authority of Ireland (FSAI), says the significance of this legislation is huge. "The cavalry are coming. We've had concerns about food products that this legislation will sort out."
Functional foods (ie foods that have a beneficial nutrient added or a harmful one removed) in particular will come under greater scrutiny with this new legislation. These include probiotic yoghurt drinks, cholesterol-lowering spreads and blood pressure lowering and immune system enhancing products.
Flynn says the FSAI is concerned about health claims on food products which encourage people to take a lot of that food rather than focusing on an overall healthy diet.
"People are currently being misled into choosing functional foods, thinking that they will be protected by them instead of eating more fruit and vegetables.
"Also, functional foods are expensive so there is the aspect of social exclusion among disadvantaged groups who've already got the poorest diets," she says.
"The food industry has known that this legislation was on the way and there has been an explosion in the number of health claims made on food products in the last two years because there is a different process [with a transitional period during which the products can still carry the claims] for products currently on the market. It will be more onerous for new products."
Last year, the functional food market in Ireland was estimated to be worth €100 million annually with a 20 per cent growth per year. It has been estimated that there are up to 1,000 foods carrying health claims on sale in Ireland. Health claims made on food supplements also come under the new nutrition and health claims regulations.
To abide by the new legislation, food manufacturers must supply the FSAI with details of scientific studies that have been carried out to prove the health or nutritional claims made on their products.
The FSAI will then send this information to the European Commission which will be advised by European Food Safety Authority (EFSA) on a case-by-case basis whether the scientific evidence is valid.
A European list of permissible health claims will ultimately be drawn up.
According to Flynn: "The legislation is very comprehensive but, basically, we've been told that if no scientific material is submitted with health claims then we're not to waste EFSA's time."
It is within the powers of the EFSA to ensure that food manufacturers remove any harmful claims from their products.
"Consumers deserve the highest level of protection against any food that claims to reduce the risk of disease, cure or treat a condition," says Flynn.
Previous European legislation has already specified that a food cannot claim to prevent, treat or cure any specific disease or condition as such claims would mean it was a medicine.
However, foods can claim to reduce the risk of a disease, boost physiological or psychological health or provide specific vitamins, minerals or other nutrients associated with disease prevention.
Under the legislation, nutritional claims such as low-fat, high-fibre, rich in calcium will be examined both to validate whether the claim is accurate (legal definitions for low-fat, high-fibre, etc already exist) and also to check whether the nutrient is bioavailable (ie present in a form that the body can use).
The overall nutritional content of the food will also be looked at and if, for example, the product is low in fat but high in sugar, the label on the food must mention both aspects with equal prominence.
Food products that claim to improve bone development, give energy or reduce hunger must have scientific studies (products already on sale can draw on established scientific evidence) proving that these claims can be backed up by evidence.
Dietary guidelines such as the benefits of eating lots of fruit and vegetables and wholemeal breads do not come under the legislation. Nor does public health information on the importance of folic acid (in the prevention of neural tube defects in newborn babies) for women of child-bearing age.
However, claims relating to children's health and development will come under particular scrutiny.
The legislation is so wide ranging that pictures, graphics or cartoon characters used on children's food will be looked at. Product endorsement by nutritional experts will also come under scrutiny as will claims made on websites and other advertising media.
Flynn says it will be the FSAI's task to police this legislation.
"Basically, claims made on food products will have to be truthful and reliable, written in clear wording that can be well understood by consumers," she says. "They shouldn't encourage excessive consumption of food and shouldn't imply that a balanced diet is inadequate."
So how will food manufacturers react to these more stringent regulations on health claims on food products?
Paul Kelly, director of Food and Drink Industry Ireland (FDII), says products making health claims are a growth area. "Over a five-year cycle, 40-50 per cent of products are reformulated anyway. What we'll have to do is to tease out the mechanics of this new legislation," he says.
Last week, the FDII held a seminar on the changing regulatory environment for nutrition and health claims. The seminar was addressed by experts from regulatory agencies (the FSAI and EFSA) and industry.
One of the speakers was Prof Albert Flynn, department of food and nutritional sciences at University College Cork and chairman of the scientific panel of the EFSA.
"This legislation is welcomed by industry, consumer organisations and regulatory authorities," Flynn says.
"It will bring certainty to consumers in terms of the information they have. And the food industry [welcomes it because food companies] don't need other food manufacturers making untruthful claims."
However, both industry representatives and those working in the regulatory domain have expressed their concerns about the adequacy of resources to carry out the extra work this legislation will bring.
Concerns were raised in particular about the EFSA which will be inundated with scientific dossiers from food manufacturers keen to keep promoting the health-enhancing effects of their products as much as possible.