5. Claim Requirements

General Foods
EU

This section provides information on the definition of different types of claims and any restrictions or allowance of claims as well as claim registration processes.

5.1 Overview of Claims

Within the European Union (EU), regulations regarding nutrition and health claims are established to ensure that consumers are not misled by false or exaggerated claims about food products. The regulation governing nutrition and health claims in the EU is regulation (EC) 1924/2006 [1]. It aims to harmonize rules across member states to protect consumers and facilitate the free movement of goods within the EU. 

5.1.1 Types & Definitions

According to Regulation (EC) 1924/2006 [1]:

Nutrition claim means any claim that states, suggests, or implies that a food has particular beneficial nutritional properties.

Health claim means any claim that states, suggests, or implies that a relationship exists between a food category, a food or one of its constituents and health.

Reduction of disease risk claim means any health claim that states, suggests or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease.

5.1.2 List of Prohibited Claims

Nutrition claims allowed to be used are only those included in Annex I of Regulation EC 1924/2006 [1], with a certain flexibility in terms of wording. Those that are not included are in principle not allowed. 

Health claims and reduction of disease claims must be authorized in order to be used with a certain flexibility in terms of wording. Those that are not authorized as established by Regulation (EC) 1924/2006 are in principle not permitted. The only exceptions are the pending claims, which are those for which the authorization process has not been finalized and which can be used temporarily under certain conditions.

Other voluntary statements should meet the general conditions set by Article 7 of Regulation (EU) 1169/2011 [2] and Article 3 of Regulation (EC) 1924/2006 [1] in order to be used, but in general they have to be evaluated on a case-by-case basis.

5.2 Nutritional Claims

5.2.1 Permitted Claims

Nutrition claims allowed to be used are only those included in Annex I of Regulation (EC) 1924/2006, with a certain flexibility in terms of wording. 

5.2.2 Nutritional Claim Registration

(a) For nutritional claims that are already permitted for use: No need for registration before use.

(b) For nutritional claims that are not currently permitted for use: Only the positive list applies, no possibility to apply for new nutritional claims.

5.3 Health Claims

5.3.1 Permitted Claims

Health claims and reduction of disease claims must be authorized in order to be used with a certain flexibility in terms of wording. In order to be used, they should follow the requirements set by Regulation (EC) 1924/2006 [1] and other applicable laws (eg. Regulation (EU) 432/2012 [3]). Pending claims may be used under certain conditions. 

5.3.2 Health Claim Registration

(a) For health claims that are already permitted for use:

No need for registration before use.

(b) For nutritional claims that are not currently permitted for use:

As for the other foods, health claims should be authorized for use in the Community after a scientific assessment of the highest possible standard. In order to ensure a harmonized scientific assessment of these claims, the European Food Safety Authority should carry out such assessments. Upon request, the applicant should be able to have access to his file to check the state of the procedure. The details of the authorization procedure are those set by Article 15 of Regulation (EC) 1924/2006 [1].  

5.4 Other Notes or Requirements for Claims

None.

5.5 References

1. Regulation (EC) 1924/2006 of the European Parliament and of the Council of 20 December 2006

https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32006R1924

2. Regulation (EU) 1169/2011 of the European Parliament and of the Council of 25 October 2011

https://eur-lex.europa.eu/eli/reg/2011/1169/oj

3. Regulation (EU) No 432/2012 of 16 May 2012

https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32012R0432