Claims regarding nutrition and health made about food products are regulated by European Union regulations. First, a “claim” is defined as any message or depiction that states, implies, or leads to the conclusion that the food has specific characteristics. 

Specifically, “nutrition claims” and “health claims” are precisely defined in Regulation (EC) No. 1924/2006 as follows:

“nutrition claim”: any claim that states, implies, or leads to the conclusion that a food has particular beneficial nutritional properties due to: (a) the energy (caloric value) that (i) it provides, ii) it provides in reduced or increased amounts, or iii) it does not provide, and/or b) the nutrients and other substances that i) it contains, (ii) contains in reduced or increased amounts, or (iii) does not contain,

“health claim”: any claim that states, implies, or leads to the conclusion that there is a relationship between a food category, a food, or a food ingredient and health.

Nutrition claims are determined by the European Commission; they are specific and listed in the annex to Regulation (EC) No. 1924/2006. In contrast, health claims are formulated by private food companies, which must first prepare a dossier containing all the scientific studies on which the health claim is based. The dossier is then submitted to the European Food Safety Authority (EFSA) in the form of an application for authorization. If, after a thorough review of the submitted data, the EFSA is satisfied and determines that a verifiable cause-and-effect relationship-effect relationship between the food and the health benefit has been demonstrated, it issues a favorable opinion on the application. The final decision to approve or reject the application rests with the European Commission and is understood to be based primarily on the EFSA’s opinion. Companies may use only those health claims approved by the European Commission in the labeling and advertising of foods. 

The legislation sets out terms and conditions of use for both nutrition claims and health claims. For example, the nutrition claim “Low Fat” may only be used when the product contains no more than 3g of fat per 100g for solid foods or 1.5g of fat per 100ml for liquid foods. For health claims, the terms and conditions are a bit more complex. For example, for the health claim “Vitamin C helps maintain the normal function of the immune system during and after intense physical exercise,” the condition is that it may only be used for foods that provide a daily intake of 200 mg of vitamin C; and in order to use this claim, consumers must be informed that the beneficial effects are obtained with a daily intake of 200 mg, in addition to the recommended daily intake of vitamin C.

Health claims referring to the prevention, treatment, or cure of a disease are strictly prohibited. However, claims regarding the reduction of the risk of developing a disease are permitted. It is also prohibited for claims to imply that health could be affected by not consuming the food, to refer to the rate or amount of weight loss, or to refer to the recommendations of individual doctors or health professionals.

Health claims are generally divided into three categories, which are:

1. Claims regarding the function and development of the human body. Example: “Calcium contributes to normal nerve transmission.”
2. Claims regarding the reduction of the risk of disease. Example: “Fermented milk containing the probiotic Lactobacillus casei DN-114 001 and co-cultured yogurt fermentation bacteria reduces the presence of Clostridium difficile toxins in the intestines (of susceptible elderly individuals). The presence of Clostridium difficile toxins is associated with the incidence of acute diarrhea.”      
3. Claims regarding children’s growth and health. Example: “Calcium and vitamin D are essential for the normal development of children’s bones.”       

To date, the European Commission has approved more than 250 health claims but has rejected more than 2,000.                      

Consumers should be cautious

A food product bearing a health claim on its label must also include a statement highlighting the importance of a varied and balanced diet and a healthy lifestyle. Many studies have shown that foods bearing nutrition or health claims are more appealing to consumers, and it is generally accepted that these claims are intended to help consumersadopt a healthier diet. However, consumers must be careful not to let their enthusiasm get the better of them when a food they enjoy eating  also carries a nutrition or health claim that appeals to them. Many scientific studies have shown that a significant number of consumers are influenced by nutrition and health claims in such a way that they assume the food bearing the claim is healthy in every respect. For example, they may overlook the fact that a food labeled as “low-fat” has a high salt or sugar content. That is why it is a good idea for consumers to also read the nutrition facts panel on the label, which is required to provide information on the content per 100g for total fat, saturated fat, sugars, calories, and salt, as well as for protein, dietary fiber, and carbohydrates.

The relevant health authorities in Cyprus work closely with the European Commission and EFSA, as well as with other EU Member States, actively participating in the development and implementation of the European Union’s legislative framework for nutrition and health claims. At the same time, they conduct regular official market inspections to ensure that consumers receive accurate information.    

In this context, the European Food Safety Authority’s (EFSA) Safe2EatEU campaign (EFSA) continues to provide consumers with clear, reliable, and scientifically sound information on food safety issues. Cyprus is participating in the campaign for the fifth consecutive year, in collaboration with the Health Service and the State General Laboratory. This year, the focus is primarily on the health claims listed on the packaging of many food products.

*By Filippos Georgiadis, Senior Public Health Officer, Public Health Services, Ministry of Health.