The scientifically motivated regulation of food: a discursive analysis of the EU health claims regulation on omega-3 fatty acids

Abstract

During the last decade, an increasing number of foods promoted with nutrition or health claims appeared on European supermarket shelves. These foods are perceived by a large number of European consumers as bearing a considerable health-promoting impact over comparable products not holding a health claim. To harmonize the internal market and to ensure a high level of consumer protection by banning misleading claims, the EU health claims regulation (Regulation EC/1924/2006 on nutrition and health claims on foods) has been adopted in 2006. One of the basic principles of it is that the use of nutrition and health claims should not suggest that consumption of functional foods (FFs) can replace a balanced diet. Omega-3 fatty acids represent in this context a special case as a variety of positive health outcomes are attributed to them ranging from healthy brain and eye development in infants to the prevention of neurodegenerative disease in adults. Applications for health claims related to these benefits have recently been authorised by the EU-Commission. A discursive analysis of the processes underlying the authorisation of these health claims forms the starting point of this paper in which we assessed their underlying conceptual structure. For this to be done, we studied interpretative repertoires in written evidence (scientific reviews, legal commentaries, policy documents, etc.) on omega-3 fatty acids. We focused on health claims promoting visual and brain development in infants and children. First, analytical emphasis was put on the semantic structure of scientific evidence that informed EU-legislation. The second step consisted in the analysis of interpretative repertoires apparent in the documents that were highlighted the processes of authorisation. Here, emphasis was put on embedded normative assumptions in the emerging interpretative repertoires. The aim of the paper is twofold: It analyses the conceptual structure of scientific evidence that informs regulative procedures and it critically assesses its normative assumptions that inform current food labelling practices on omega-3 fatty acids within the EU.