Nutritional Outlook

Nutritional Outlook, September 2013

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global regulations While the initial goals of the EU health claims regulation—consumer protection and fair competition—seems to make sense, in practice, the regulation has strongly curbed innovation. Nevertheless, companies can still devise creative solutions by taking advantage of the fexibility provided by EU Member States and/or the European Commission on certain aspects of the EU claims rules: 1. Make use of permitted alternative health claim wording for the authorized claims included in the EU claims register, along the EU Member States' guidelines and existing specifc national guidelines. 2. Make use of product names or statements that express simplifed health effects, as well as other general, non-specifc health-beneft claims in combination with EU-authorized claims. For instance, a simplifed product name could be "Vision," which could then, on the label, be followed by a specifc authorized health claim for a specifc ingredient related to visual function. An easy, attractive statement could be "for mental well-being," which could then be followed by an authorized health claim for a specifc ingredient related to, for example, cognitive or psychological function. Tis second approach is in line with European Commission rules, as long as the authorized health claim accompanying the general, non-specifc health beneft statement is next to or following it on the product label. (If such statements are made in advertising—e.g., brochures—the same rules would apply. In television advertising, if claims are made verbally, they should also only be made if the verbal message is followed by the authorized health claim.) It is important to note, however, that what's acceptable will always depend on what is deemed acceptable by authorities in each EU Member State. It will be interesting to see how the marketplace continues to adapt to the new health claims environment. Te market's experience in 2013 will certainly pave the way for 2014 and beyond. Stefanie Geiser is regulatory affairs manager for regulatory consultant EAS Strategic Advice (Brussels). 26 magenta cyan yellow black september 2013 ■ brianaJackson/ Companies are strongly advised to seek advice and assistance from scientifc experts on submitting claims applications. NUTRITIONAL OUTLOOK ES314285_NO1309_026.pgs 08.31.2013 00:12 UBM

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