False labelling to be stamped out
The FSAI told producers that from January 2010, they will no longer be able to say a product has an effect on physical growth and development, weight loss, specific bodily functions or general wellbeing unless they have scientific evidence to back it up.
The move is designed to ensure consumers are not duped by misleading or exaggerated claims, following investigations that found some food products claiming health-giving properties had little or no proof of their apparent benefits.
The European Commission is drawing up a list of claims it deems acceptable and provable. Producers will have to submit claims they are currently making about their products to the commission for approval and inclusion on that list.
Claims not approved and included in the final list will be illegal if attached to a product after January 2010, and producers will be open to prosecution if they use them.
The FSAI is the body nominated to collect claims made by producers in Ireland on behalf of the commission and they are asking all producers to submit their claims, and the evidence that supports them, by September 28 this year.
Dr Mary Flynn, chief specialist in public health nutrition at the FSAI, said the new legislation would have benefits for producers as well as consumers.
“Claims authorised under this legislation will now be harmonised throughout the EU,” she explained.
“This will allow food manufacturers and producers to use these scientifically substantiated claims across the EU as marketing tools. Therefore, it is in the best interests of the food industry to co-operate with us on the process. We expect all relevant food business operators will engage with the approval process over the coming months.”
According to the FSAI, a health claim is any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its ingredients and health — for example “aids digestion”.
Claims that will have to be substantiated include the role of a nutrient or other ingredient in growth, development or the functions of the body; effects on psychological and behavioural functions, and usefulness in slimming, weight-control, hunger reduction or feelings of fullness.
The FSAI said such claims must be based on generally accepted scientific evidence and be “well understood by the average consumers”.
Food business operators are asked to submit their claims to the FSAI with all information and scientific data via an online form on www.fsai.ie.
