Labels, packaging and advertising displays are covered in claims. Sometimes explicitly, through words, images or symbols, but just as often they are only implied. However, in both cases their goal is providing consumers with relevant information. Yet not every claim could be made that easily. On 29 September, Simone Pelkmans, Global and European Legal Director Foods with Unilever, explained which claims are allowed and which go too far during the Food & Health seminar in Rotterdam, the Netherlands.
“Why do food brands make claims? Essentially it is to communicate about their products in an honest and clear manner,” Pelkmans says. “But not every food or health claim can or should be made. Because claims can be looked at from many different points of view, we at Unilever have a cross-functional team that actively makes sure the law is meticulously followed. That is highly necessary in order to be able to prevent any consequential losses, such as a hefty fine, a recall or even worse, a threat to public health. That is why the European claim regulations have been drawn up. This is an instrument that decides if and which product groups are allowed to have food and health claims made about them at all, and it assigns effects to food.”
Food versus health claims
“A food claim is a claim that, say, gives the impression or implies that a food has curative nutritional properties. It is not allowed to praise a food by changing a characteristic that is not distinctive within relevant product groups, such as salt levels in products that have very low salt levels to begin with. Furthermore, certain terms cannot be used at all. For example, if you add additional nutrients to products, it is absolutely forbidden to label such products as ‘natural,’” Pelkmans explains.
Health and disease risk claims go one step further. “Those are claims that, say, give the impression or imply that there is a connection between a food or an ingredient of that food that offers health benefits or lowers risks. Vigilance is in order in those cases. For example, a manufacturer can never say: ‘not consuming a product is harmful to your health.’ Hinting at weight loss or recommendations by an individual doctor or professional are also not allowed. Furthermore, there is a ban on medical claims (or hints at medical claims) that attribute properties to a food with regard to preventing or curing human diseases. An example of that is the statement: ‘stevia lowers risk of diabetes.’”
Unequivocalness lacking
It is a full-time job for food companies to figure out whether the product being marketed complies with the appropriate labeling. “Much is still not clear. Multiple authorities have to be complied with, such as the RCC (the Dutch Advertising Code Commission) and the NVWA (Netherlands Food and Consumer Product Safety Authority), and it is not helpful that they are both inconsistent in interpreting and enforcing regulations. Member states also all use different methods. The industry wants nothing less than unequivocal guidance from the European Commission,” Pelkmans concludes.