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NUTRITION LEGISLATING NUTRITION


Nutritional supplements are potentially a great revenue stream for gyms, but new European legislation is going to make it harder to promote them. Kath Hudson reports


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ithout taking a protein drink, my husband fades away to nothing when he’s exercising. Using one on a


regular basis has helped him build lean muscle and made recovery much faster. I’ve also found that drinking a protein drink after exercise stops me feeling ravenous and picking at naughty food. If I wasn’t aware of these benefi ts,


it might be helpful if my gym were to tell me. However, if they did so while standing in front of a shelf full of nutritional products for sale, they would be contravening new European guidelines. They could tell me that “protein contributes to growth and the


maintenance of muscle mass” – but specifying lean muscle and talking about recovery would stray into murky areas.


NHCR guidelines The European guidelines, Nutrition and Health Claims Regulation, came into force in December 2012 after a six-year period during which the claims being made by products were assessed. Prior to this, food legislation only defined the mandatory information required on labels, and prohibited misleading or false claims. The new guidelines now clearly state that only certain health and nutrition claims can be made about food, thereby harmonising the rules on claims across the 27 EU member states. The burden of proof has changed.


Previously, when a claim was challenged, a business had to prove it was true. Now the business has to get authorisation before being able to use the claim. The aim is, of course, to protect


consumers by stopping false claims from being made. However, the move


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deals something of a blow to the sports nutrition and food industry as a whole, by requiring incredibly robust scientifi c studies to back up the sort of claims that have traditionally been widely used by nutritional supplements, such as “contributes to the growth in muscle mass”. Only authorised claims can now be used in commercial communication. Dr Adam Carey, chair of the


European Specialist Sports Nutrition Alliance (ESSNA), explains why the legislation has been introduced: “Health and nutrition claims made in relation to food products require authorisation before they can be used in the labelling and marketing of food products. “Within the context of a rather


complex procedure, the European Food Safety Authority (EFSA) is responsible for verifying the scientifi c basis of claims. Under old legislation, the burden of proof was different and EFSA did not assess claims – it was a national competence. This legislation has been adopted to protect the public from


June 2013 © Cybertrek 2013


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