Health claims in the labelling and marketing of food products:: the Swedish food sector's Code of Practice in a European perspective

Since 1990 certain health claims in the labelling and marketing of food products have been allowed in Sweden within the food sector's Code of Practice. The rules were developed in close dialogue with the authorities. The legal basis was a decision by the authorities not to apply the medicinal products’ legislation to “foods normally found on the dinner table” provided the rules defined in the Code were followed. The Code of Practice lists nine well-established diet–health relationships eligible for generic disease risk reduction claims in two steps and general rules regarding nutrient function claims. Since 2001, there has also been the possibility for using “product-specific physiological claims (PFP)”, subject to premarketing evaluation of the scientific dossier supporting the claim. The scientific documentation has been approved for 10 products with PFP, and another 15 products have been found to fulfil the Code's criteria for “low glycaemic index”. In the third edition of the Code, active since 2004, conditions in terms of nutritional composition were set, i.e. “nutrient profiles”, with a general reference to the Swedish National Food Administration's regulation on the use of a particular symbol, i.e. the keyhole symbol. Applying the Swedish Code of practice has provided experience useful in the implementation of the European Regulation on nutrition and health claims made on foods, effective from 2007

The new EC Regulation on nutrition and health claims on foods

The area of health claims has been unregulated in Europe until recently. A new regulation on nutrition and health claims made on foods came into force on 19 January 2007. The Regulation has been eagerly awaited by all parties involved. The Regulation includes 37 whereas clauses, 29 Articles and an annex for nutrition claims and conditions applying to them. In practice, three main types of health claim are included in the Regulation, as referred to in Articles 13 and 14. The type of the scientific evidence is described slightly differently for Article 13.1 and Article 13.5: “generally accepted scientific evidence” and “newly developed scientific evidence”, respectively, although the scientific status of evidence shall be the same for all kinds of claims. So far, there are four types of guidance for applying the Regulation. The wording of health claims is an essential issue in the Regulation, as well as the concept of nutrient profiles. In the Regulation there are three issues of special interest, when compared to the Swedish Food Sector's Code of Practice, i.e. concerns about “other substances”, “food supplements” and “the average consumer”. The Regulation will be evaluated in 2013, reporting the impact of this Regulation on dietary choices and the potential impact on obesity and non-communicable diseases