5. Claim Requirements

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5. Claim Requirements

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Whisky
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

General Food

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

General Food

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

General Food

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.

Category

Alcoholic beverages

As established by Regulation (EC) 1924/2006 [1], beverages containing more than 1,2% by volume of alcohol shall not bear health claims.

As far as nutrition claims are concerned, only nutrition claims referring to low alcohol levels, the reduction of the alcohol content, or the reduction of the energy content for beverages containing more than 1,2% by volume of alcohol, may be permitted. In this context, specific EU or national rules are related to the specific alcoholic beverage (e.g. de-alcoholized wine; alcohol-free beer).

As for the spirit drinks, it is forbidden to use the legal names listed in Annex I Regulation (EU) 787/2019 for any beverage not complying with the requirements of the relevant spirit drink category or geographical indications, so these terms cannot be associated with any nutrition claim referred to the alcohol reduction.

Product

Whisky

Health claims and nutrition claims (e.g. 'Non-alcoholic Whisky') are not permitted.

5.2 Nutritional Claims

5.2.1 Permitted Claims

General Food

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

Category

Alcoholic beverages

Please refer to Section 5.1.2 above.

Product

Whisky

N/A. Please refer to Section 5.1.2 above.

5.2.2 Nutritional Claim Registration

General Food

(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.

Category

Alcoholic beverages

Please refer to Section 5.1.2 above.

Product

Whisky

N/A. Please refer to Section 5.1.2 above.

5.3 Health Claims

5.3.1 Permitted Claims

General Food

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.

Category

Alcoholic beverages

Health claims are not permitted.

Product

Whisky

Health claims are not permitted.

5.3.2 Health Claim Registration

General Food

(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].

Category

Alcoholic beverages

N/A. Please refer to Section 5.1.2 above.

Product

Whisky

N/A. Please refer to Section 5.1.2 above.