The status of the implementation of the Nutrition and Health Claims Regulation

Abstract

The requirements of the Labelling Directive (Directive 2000/13/EC) regarding the compilation of a list of prohibited misleading claims, the confirmation of the prohibition on claims relating to human health (even if these are true) by the Court of Justice and CODEX Alinorm 01/22 on the use of nutrition claims were all motives underlying the adoption of the Nutrition and Health Claims Regulation. The lack of nutrition profiles does not—at least for the time being—constitute an obstacle to the making of nutrient and health claims. The main reason for the rejection of the introduction of health claims into the Art. 13 list is that a cause and effect relationship between the consumption of a food and human health cannot be demonstrated sufficiently. The role of the European Food Safety Authority (EFSA) is not limited to the evaluation of scientific evidence. EFSA plays an important, but questionable part in the interpretation of the Nutrition and Health Claims Regulation. Questions referred to the Court of Justice might clarify the meaning of “health” and the role of the Charter of Fundamental Rights.