Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 230/4

15 January 2007

Dear Sirs,

Commercial Information Circular No. 39/2007

European Union (EU)* : Regulation on Nutrition and Health Claims Made on Foods

The European Parliament and Council of the EU have adopted a Regulation to specify the conditions for applying nutrition and health claims made on foods. Details are set out in Regulation (EC) 1924/2006 (the Regulation), copy (pdf format) of which is attached to this Circular for reference.

DETAILS

1.  
2. The Regulation sets out provisions for the use of nutrition and health claims of food in order to harmonise measures taken in EU Member States and to ensure a high level of consumer protection. It applies to nutrition and health claims made in commercial communications, whether in the labelling, presentation or advertising of foods. However, beverages containing more than 1.2% of alcohol by volume shall not bear nutrition claims other than those which refer to a reduction in the alcohol or energy content, or any health claims.

Nutrition Claim

3. Nutrition claim means any claim which states, suggests or implies that a food has particular beneficial nutritional properties due to i) providing, providing at a reduced or increased rate, or not providing the energy (calorific value); or ii) containing, containing in reduced or increased proportions, or not containing the nutrients or other substances. Examples of nutrition claim include "High Protein", "Low-fat", "Sugar-free", etc.
    
4. Nutrition claims shall only be permitted if they are listed in the Annex of the Regulation and are in conformity with the respective conditions in the Annex.

Health Claim

5. Health claim means any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its constituents and health. Health claims shall only be permitted if the following information is included:
   1. a statement indicating the importance of a varied and balanced diet and a healthy lifestyle;
       
   2. the quantity of food and pattern of consumption required to obtain the claimed beneficial effect;
       
   3. a statement addressed to persons who should avoid using the food; and
       
   4. warning for excess consumption.
6. The following health claims are not allowed:
   1. claims suggesting that health could be affected by not consuming the food;
       
   2. claims making reference to the rate or amount of weight loss;
       
   3. claims which make reference to recommendations of individual doctors or health professionals and other associations without endorsement.
7. For health claims other than those referring to the reduction of disease risk, the European Commission will adopt a list of permitted claims with all necessary conditions for use by 31 January 2010. These claims shall be made without undergoing the authorisation procedure. 
    
8. Health claims that state, suggest or imply that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease are considered as “Reduction of disease risk claims”. These claims shall go through the authorisation procedure for inclusion in the list of permitted claims with the necessary conditions for use. Procedures for authorisation are set out in the Regulation. Once the claim is added to the list, it can be used by any food business operator.

Entry into force

9. The Regulation shall apply from 1 July 2007. Foods placed on the market or labelled prior to 1 July 2007 which do not comply with the Regulation may be marketed until their expiry date, but not later than 31 July 2009. A trade mark or brand name appearing in the labelling, presentation or advertising of a food may be construed as a nutrition or health claim under this Regulation. If they do not comply with the Regulation, they can still continue to be marketed until 19 January 2022.

ENQUIRIES

10. For enquiries about the content of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Miss Angel POON)

for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, the Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.