Les allégations nutritionnelles et de santé sur les aliments

Résumé

Citizens have become more and more interested in their diet in recent years. However, when going to the supermarket, they are often faced with claims on food packages, such as "low fat" or "helps your body resist stress". Often this information is not supported with factual data on the package label. For example, a product may be low in fat but contain high quantities of sugar or salt. This may be misleading for consumers.

In July 2003, the Commission adopted a new legislative proposal aimed at tackling unsubstantiated claims made on food. This proposal builds on the international guidelines of Codex Alimentarius, which sets out that food cannot be described or presented in a misleading manner and that the person marketing the food should be able to justify the claim made. The Codex Guidelines prohibit a list of claims, such as unsubstantiated claims, as well as claims regarding the suitability of foods for use in the prevention, treatment or cure of a disease (with exceptions).

The proposal covers two categories of claims: nutrition claims (such as "rich in vitamin C" and "low in fat") and health claims (such as "good for your beauty and your inner harmony").

The proposal does not deal with cosmetics, medicine and pet food products. It only covers food products for human consumption.

The new regulation will allow a category of previously prohibited claims relating to the reduction of disease risk.

Reference to and endorsement by doctors or health professionals will not be allowed. Health claims on alcoholic beverages with an alcohol content of 1.2 per cent and above will not be permitted.

An important role will be given to the European Food Safety Authority (EFSA) which will carry out the scientific evaluation of health claims on the basis of proposals by food manufacturers. 

Enjeux

Two articles in the proposal text are proving to be particularly controversial:

1. Article 4, which lays down the conditions for restricting the use of nutrition and health claims. It calls on the Commission to establish nutrient profiles (with reference to fat, sugar and salt/sodium content) for each food category within 18 months from the adoption of the regulation.

2. Article 11, which stipulates that "implied health claims" should not be allowed. This includes claims referring to general benefits for overall well-being; claims with reference to slimming or weight control or claims making reference to the advice of health professionals.

Another disputed provision in the proposal is that beverages containing more than 1.2 per cent volume of alcohol should not bear health and nutritional claims. 

Réactions

A public hearing was held in the European Parliament (EP) on 8 January 2004 to discuss the proposed new regulation.

Commissioner for Public Health and Consumer Protection David Byrne:

• the new regulation will "not mark a radical departure for the food industry" but its objective is rather to harmonise the diverse rules that currently exist across the Member States. 

Commission Director Paola Testori Coggi responsible for Food Safety: 

• the Commission has no intention to define 'good food' and 'bad food' and that the proposal strictly covers claims on food products while the brand name itself does not fall within the scope of the proposal.
• the regulation opens up the possibility for a new group of claims on foods, those referring to diseases (subject to EFSA authorisation).</> 

EP Rapporteur Mauro Nobilia: 

• information related to health should have a scientific basis
• the provisions of Article 4 are not formulated clearly enough
• the Commission has only addressed 'bad diets' but not 'bad ingredients'
• clarification is needed on the relationship between the Commission and EFSA and whether the Member States would be sufficiently involved
• the restrictions under Article 11 may not be necessary if 'sufficient scientific evidence' were to become the bottom line.  

Other positions

The Confederation of the Food & Drink Industry in the EU (CIAA): 

• Article 4 (ie restrictions on the basis of nutrient profiles or alcohol content) could prove to be counterproductive as, the CIAA deems, it is not the composition but the use of a product that has a health effect
• against the a priori prohibition of certain types of claims or categories of foods
• opposed to the control of the actual wording of claims which would limit manufacturers' ability to alter a message over time and according to social or cultural contexts. 

UEAPME, the European Association of Craft, Small and Medium-Sized Enterprises: 

• the information and advertising bans planned are disproportionate
• the approval procedure with the EFSA is comparable to the approval procedure for pharmaceutical products whose associated financial and administrative expenses SMEs will not be able to bear. 

The European Consumers' Organisation (BEUC): 

• Ms Beate Kettlitz told EurActiv that BEUC was strongly against "emptying the draft legislation", ie taking out crucial elements, such as the nutrient profile, as proposed by industry.
• For the EP hearing, BEUC published a brochure, entitled " Tell me what I am eating: food claims", listing dubious health and nutrition claims. 

Four NGOs (Euro Coop, the European Public Health Alliance, the European Heart Network and Euro Care): 

• prioritise public health and consumer protection in future legislation on claims
• ban claims directed principally at children. 

The Joint Health Claims Initiative of the UK's Food Standards Agency issued a  report on health claims in December 2003. The report contains an initial list of well-established health statements on which claims could be based once the new regulation enters into force. The report will contribute to the UK's proposed list of claims to be submitted to the Commission. 

Dates clés

• More than 600 amendments were tabled to the initial Nobilia report. As a result, the Environment Committee decided in April 2004 to postpone the vote. After the parliamentary elections in June 2004, a new rapporteur, Adriana Poli Bortone (UEN) was appointed.
• European Parliament Plenary delivered its opinion on 26 May 2005 and voted to delete Article 4 on nutrient profiles.
• The Council reached a common position on the issue on 3 June 2005 and rejected Parliament's Article 4 amendments - thus backing Commission's initial proposal. 
• The draft regulation has been forwarded to the Parliament for its second reading, where re-amendment could only be achieved by an absolute majority.
• The ENVI Committee is set to adopt its recommendation for the second reading on 21 March 2006.
• The EP second reading is set to take place on 16 May 2006.
• The regulation is likely to be finally adopted in 2006. 

Liens externes

EU official documents

• Commission:Questions and Answers on Health and Nutrition Claims(28 June 2007)
• EFSA:Draft Opinion of the Scientific Panel on Dietetic Products, Nutrition and Allergies on the scientific and technical guidance for the preparation and presentation of the application for authorisation of a health claim(16 May 2007)
• EFSA:Nutrition and Health Claims
• Commission:Questions and Answers on Health and Nutrition Claims(16 May 2006)
• Commission press release:Commissioner Kyprianou welcomes Council agreement on Health Claims(3 June 2005)
• Commission:The proposed Regulation on health & nutrition claims: Myths & Misunderstandings(1 October 2003) [FR] [FR] [DE]
• DG Health and Consumer Protection:Discussion Paper on Nutrition Claims and Functional Claims(May 2001)
• Commission:White Paper on Food Safety(12 January 2000)
• Commission:Health & Nutrition Claims

Parliament

• Parliament News:Food safety: MEPs vote on health claims and additions to food(16 May 2006)
• Parliament - Committee on the Environment, Public Health and Food Safety:Draft recommendation for the second reading on the Council common position for adopting a regulation on nutrition and health claims made on foods(19 January 2006) [FR] [FR] [DE]
• Parliament - Committee on the Environment, Public Health and Food Safety:Amendments for the second reading(20 February 2006) [FR] [FR] [DE]
• Amendments 69 A and 160 A [FR] [FR] [DE]
• European Parliament:Draft Report on the proposal on nutrition and health claims made on foods (COM(2003) 424 – C5-0329/2003 – 2003/0165(COD))(Rapporteur: Mauro Nobilia) FIRST READING [FR] [FR] [DE]
• European Parliament:Amendments to the Draft Report of Mauro Nobilia - Nutrition and health claims made on foods(9 February 2004) FIRST READING [FR] [FR] [DE]

International Organisations

• Codex Alimentarious:General Guidelines on Claims

Governments

• Joint Health Claims Initiative of the UK Food Standards Agency:Health Claims report(17 December 2003)
• UK Food Standards Agency:Nutrition, Functional and Health Claims made on foods(25 June 2002)
• US Federal Trade Commission:'Miracle' Health Claims: Add a Dose of Scepticism
• US Food and Drug Administration:Claims That Can Be Made for Conventional Foods and Dietary Supplements
• UK Food Standards Agency:Health Claims on Food Packaging - Consumer-Related Qualitative Research

EU Actors positions

• European Consumers' Organisation (BEUC) press release:The proposal on nutrition and health claims survives (nearly) intact(16 May 2006)
• Which?:Victory on food claims in EU(16 May 2006)
• European Consumers' Organisation (BEUC) press release:BEUC’s Black Book on health claims(15 March 2006) [The Black Book on health claims]
• European Community of Consumer Co-operatives - EuroCoop:Vote on Nutrition & Health Claims Proposal - 21 March 2006(15 March 2006)
• EPHA, EHN, PGEU, Eurocare and EURO COOP joint press release:Health and nutrition claims on food: EU health ministers support nutrient profiles for foods(9 December 2005)
• EPHA, EHN, PGEU, Eurocare and EURO COOP joint press release:"Destroying myths and misunderstandings of the claims regulation" - a further clarification by health and consumer groups(13 May 2005)
• European Consumers' Organisation (BEUC) press release:Consumers rely on marketing claims for food choices(1 September 2005)
• European Consumers' Organisation (BEUC):A simplified labelling scheme(26 August, 2005)
• European Consumers' Organisation (BEUC):Report on European Consumers’ Perception of Foodstuffs Labelling - Results of Consumer Research conducted on behalf of BEUC from February to April 2005(31 August 2005)

Business & Industry

• British Retail Consortium:Days to go but concerns remain of food claims law(29 June 2007)
• European Basic Foods Platform:For a legislation that acknowledges the unique characteristics of basic foods in food labelling(February 2007)
• European Association of Craft, Small and Medium-sized Enterprises (UEAPME) press release:New rules on health claims: good for consumers, good for SMEs?(17 May 2006)
• UEAPME - European Association of Craft, Small and Medium-Sized Enterprises:Health Claims: much remains to be done after Parliament’s Committee vote(28 March 2006)
• European Breakfast Cereal Association (CEEREAL) press release:CEEREAL welcomes Environment Committee Vote on Health Claims and Fortification(27 March 2006)
• Confederation of the food and drink industries of the EU (CIAA):CIAA Principles of Food and Beverage Product Advertising(27 April 2004)
• UEAPME - European Association of Craft, Small and Medium-Sized Enterprises:UEAPME Position paper on the Proposal for a Regulation of the European Parliament and of the Council on Nutrition, Functional and Health Claims Made on Foods COM(2003) 424 final(2004)
• Confederation of the food and drink industries of the EU (CIAA):Position on the proposal for a Regulation on nutrition and health claimsmade on foods(22 October 2003)
• American Chamber of Commerce to the European Union:Position Paper on the Proposal for an EU Regulation on Nutrition and Health Claims made on Food(2003)

NGOs and Think-Tanks

• Which? Consumers' Association (UK) press release:Which? calls on MEPs to stop misleading health food claims(14 March 2006)
• Which? Consumers' Association (UK):The whole truth? - Health and nutrition claims 2nd reading (Which?'s briefing to UK MEPs)(March 2006)
• Which? Consumers' Association (UK):Food Labelling

Think tanks & Academia

• The European Policy Centre:European Parliament Public Hearing "Proposal for a Regulation on Nutrition and Health Claims Made on Foods" - Position Paper by the Better Regulation Programme of the European Policy Centre(8 January 2004)
• The European Policy Centre:British Medical Association (BMA) Position Statement on Health Claims Legislation

Press articles

• Nutraingredients.com:Correct version of health and nutrition claims legislation published

Non-assigned links

• EURO COOP - EPHA - EHN and EURO CARE Press Release:Open Letter to Members of the European Parliament on the Proposal for a Regulation on nutrition and health claims(22 January 2004)
• The European Public Health Alliance (EPHA):Position paper on nutrition and health claims(7 January 2004)
• The European Public Health Alliance (EPHA):EPHA's Response on the Commission Proposal for a Regulation on Nutrition and Health Claims Made on Foods COM(2003) 424 final(December 2003)
• European Community of Consumer Co-operatives - EuroCoop:Position paper - Why and How can European Consumers benefit from a strict EU legislation on claims?(27 October 2003)
• European Heart Network (EHN):Response to a Commission Proposal for a Regulation on Nutrition and Health Claims(October 2003)