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ARTIFICIAL FORTIFICATION OF FOODSTUFFS


that manufacturers face is the language approved to describe the benefits of the health claim


Dominic says that one of the biggest challenges


A healthy challenge


Dominic Watkins explains how to make the most of the EU’s authorised claims list


In the increasingly competitive food market, it is vital for manufacturers to ensure that their products stand out from their competitors. The use of health and nutrition claims to make foodstuffs more attractive has always played a vital role in doing this.


Dominic Watkins is a Senior Associate in the regulatory team at DWF. For more information visit www.dwf.co.uk.


New labelling regulations are soon to be rolled out across the EU, and the register of approved Health Claims has finally been agreed and will be in force from December 2012; Manufacturers will soon face a new set of challenges in terms of how they market their products. With that in mind, its important to look at how the new rules will affect the industry and consider any potential legal pitfalls that manufacturers could face.


H


owever, food legislation is currently in the midst of substantial change.


FIVE STEP APPROACH The health and nutrition claims made regarding food products have become more important to the marketing of products in recent years, as consumers become increasingly discerning in the quality of products they purchase. Such claims can make a product much more interesting and desirable, allowing manufacturers to charge a premium for them. While the claims that


manufacturers make about their products have always been required to be true and capable of substantiation, the EU has recently sought to take the regulation of such claims a step further. It has therefore ruled that only specifically authorised health claims – which have been subjected to rigorous scientific analysis by the European Food Safety Authority (EFSA) – may be made. When the more restrictive


EFSA-approved list of 222 claims comes into force in December this year, it will undoubtedly have a significant impact on the industry. Several well- established claims, which have historically been extensively used in the marketing of food products, have not been approved by the EFSA. Antioxidant and probiotic claims are probably the two most well- known examples, and, from 14th December onwards, manufacturers that currently market their products based on these claims will have to look for alternatives. Unsurprisingly, many food


businesses are currently in the process of identifying new, authorised claims that they will be able to use as the differentiating factor for their products. Some manufacturers have


identified that their products already contain enough of a


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