CIAA welcomes level playing field with new 13.1 health claims approach

28-Sep-2010 - Last updated on 29-Sep-2010 at 09:35 GMT

The European Commission’s decision to stop publishing article 13.1 health claims in batches and carve out botanicals from the process has met with more positive industry responses, as it will create more legal certainty and reduce implementation burdens of repeated label changes.

The Commission announced on Monday that the batch-wise approach is to be ditched after the next batch, expected in the next two weeks. An omnibus batch will be published some time after June 2011, which is the new deadline for giving EFSA to give its opinions. Decisions on botanicals will follow after that.

The Confederation of Food and Drink Industries of the EU (CIAA) said it has always supported the omnibus decision approach, as it will implementation. Not least, all remaining approvals coming at the same time will help create a level playing field for open and fair competition between manufacturers.

Some market distortion has occurred in recent months as companies whose claims have been rejected have had to stop using them, whereas those whose claims are still pending have been able to keep using them.

It also reckons the new approach will allow regulators and stakeholders to discuss and devise a coherent approach for claims and how they can be used.

The Commission has decided to change the approach because it had not anticipated the huge number of claims submissions – 44,000 in total, subsequently consolidated into a list of 4,600. It has been in discussions with member states and stakeholders about the best way to move forward for some time.

The CIAA is not alone in welcoming the new approach. Peter van Doorn, chairman of the European Federation of Associations of Health Products Manufacturers (EHPM) told NutraIngredients.com: “In taking the decision the Commission has removed the distortion of the market batch publication would have caused and we are pleased about this.”

But he added: “But the more fundamental questions about the way in which science is being interpreted under the regulation remain on the table.”

Botanicals questions

Article 13.1 claims for botanicals are troublesome because under the Traditional Herbal Medicinal Products Directive (THMPD) they could make claims with little proof other than traditional usage – while under the health claims regulation EFSA has been seeking randomised clinical trials.