1. © Nino Binns 2012FDIN Seminar – Who Needs Health Claims? 21 March 2012 1 Professor Nino Binns BSc PhD Nutrition and Health Claims: What Applies When?

2. Nutrition and Health Claims Regulation 1924/2006 Annex Nutrition Claims Health Claims (a) Function (b) Cognitive (c) Slimming Reduction of disease risk factor Children’s health/devlpt Article 13 Health claims WHAT THE PRODUCT CONTAINS Nutrient profiles Labelling Consumer Understanding Article 14 Health claims WHAT THE PRODUCT DOES

3. Nutrition and Health Claims Regulation 1924/2006 Annex Nutrition Claims Health Claims (a) Function (b) Cognitive (c) Slimming Reduction of disease risk factor; children’s health/devlpt Same as 13.1: (new) science or proprietary data Art 13.1 Health claims WHAT THE PRODUCT CONTAINS Art 13.5 Health claims Nutrient profiles Labelling Consumer Understanding Art 14 Health claims WHAT THE PRODUCT DOES

4. Nutrition and Health Claims Regulation 1924/2006 Annex Nutrition Claims Health Claims General list Dossier Art 13.1 Health claims WHAT THE PRODUCT CONTAINS Art 13.5 Health claims Nutrient profiles Labelling Consumer Understanding Art 14 Health claims WHAT THE PRODUCT DOES

5. © Nino Binns 2012FDIN Seminar – Who Needs Health Claims? 21 March 2012 Nutrition Claims: What can I claim and when? Easiest option by far for a health-related claims All listed in Annex (including amending Regulation 116/2010) –Must comply now with all rules in the Annex –Must use nutrition labelling (full eight) Annex Nutrition Claims WHAT THE PRODUCT CONTAINS

6. "no more than" per 100g/100ml "at least" per 100g/100ml (unless stated otherwise) freelowReduced/Lightincreased**source/containshigh Calories n/a Fat n/a Saturates (+ trans) n/a Unsaturatesn/a PUFA/MUFA n/a Omega 3n/a Sugars* n/a Proteinn/a Fibren/a Sodium n/a Vits & minsn/a Other substancen/a Nutrition Claims * No added claim also allowed

7. © Nino Binns 2012FDIN Seminar – Who Needs Health Claims? 21 March 2012 Health Claims Nutrition labelling (full eight) Other labelling requirements Health Claims WHAT THE PRODUCT DOES

8. © Nino Binns 2012FDIN Seminar – Who Needs Health Claims? 21 March 2012 What counts as a health claim? March 2012 Commercial Communications directed to the Final Consumer –Labels –Advertisements and advertorials, posters –Websites –Mailings, point of sale etc. Etc. Non-commercial communications or not direct to consumers –Information in the press or scientific journals (recital 4) –UK/Ireland - press releases (but DON’T put on your website) –Communications to HCPs –B2B HOWEVER –What “non-commercial” and “direct to consumer” means is under discussion so these may change -watch out!!

9. © Nino Binns 2012FDIN Seminar – Who Needs Health Claims? 21 March 2012 Article 1.2 This Regulation shall apply to nutrition and health claims made in commercial communications, whether in the labelling, presentation or advertising of foods................... to be delivered as such to the final consumer. 9

10. © Nino Binns 2012FDIN Seminar – Who Needs Health Claims? 21 March 2012 Health Claims: What can I claim and when? THE SIX MONTH WINDOW Can use all Article 13.1(a) claims until the list legally applies 222 claims on list (mostly vitamins and minerals) Timing estimate: –Regulation ~ May 2012 –Compliance 6 months later ~Nov 2012 (a)Function (b) Cognitive (c) Slimming Article 13 Health claims

11. © Nino Binns 2012FDIN Seminar – Who Needs Health Claims? 21 March 2012 Health Claims: What can I claim and when? Only one approved so far: –Water soluble tomato extract helps maintain normal platelet aggregation, which contributes to healthy blood flow Proprietary Same as 13.1: (new) science or proprietary data Art 13.5 Health claims

12. © Nino Binns 2012FDIN Seminar – Who Needs Health Claims? 21 March 2012 Health Claims: What can I claim and when? Some already approved and may be used Claims not specific to children sometimes count as Article 13 claims!! In practice – many children’s claims still in use so you should comply with the timing of Art 13.1 list Reduction of disease risk factor Children’s health/devlpt Article 14 Health claims

13. http://ec.europa.eu/nuhclaims/

14. © Nino Binns 2012FDIN Seminar – Who Needs Health Claims? 21 March 2012 Other Issues Non – specific claims –Must be accompanied by a (relevant) health claim from the list “Contains” claims/ingredient claims etc –Lycopene, Bifidus –Wholegrain –GI, GL Wording –Does “have the same meaning for consumers” apply? Endorsement by health professionals –Can dietitians write on your website? Botanicals

15. © Nino Binns 2012FDIN Seminar – Who Needs Health Claims? 21 March 2012 15 Nutrient Profiles Nutrition claims - one profile may be exceeded –but must state food is “high in xxx” Health claims - must respect all profiles Sodium Saturates Sugars Apply 24 months following adoption Discussions may start again soon Likely to apply to certain categories of food

16. © Nino Binns 2012FDIN Seminar – Who Needs Health Claims? 21 March 2012 What applies? When? NUTRITION CLAIMS only claims in annex ALL HEALTH CLAIMS only claims on the lists NUTRIENT PROFILES NOW! FROM late 2012 ? ?

17. © Nino Binns 2012FDIN Seminar – Who Needs Health Claims? 21 March 2012 Summary of Claim Opportunities After the List Applies Nutrition claims - the simplest way to make a health related claim Health claims from the list Non-specific claim –backed up by health claim from the list Communication to journalists or HCPs (for now) – scope beyond the list Celebrity endorsement Other product attributes

18. © Nino Binns 2012FDIN Seminar – Who Needs Health Claims? 21 March 2012 18 Thank you for listening Nino M Binns BSc PhD Consultant in Nutrition and Food Regulation nino.binns@nbconsulting.eu Tel/fax: +353 41 983 4644