Transcript Slide 1

IX INTERNATIONAL SYMPOSIUM
POLISH ASSOCIATION OF JUICE PRODUCERS
Belchatow, 9-11 May, 2006
Update on EU Health
Claims Regulation
by
Jan Hermans
Secretary General
A.I.J.N.
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Content
1. EU legislation related to health
claims
2. Making the case for 100 % juices
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1. EU Legislation on Health
Claims
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Proposed EP and Council Regulation on
Nutrition and Health Claims made on Foods
General Aims
Harmonisation of rules at European level in order to
ensure free movement of foods and to protect
consumers
 Defining nutrition and health claims to be used by
food producers in commercial communications to
the final consumer
 Specifying the conditions for the use of nutrition
and health claims ( & prohibits certain claims)

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Nutrition and Health Claims Reg.
Timetable
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2003, July 16 – Proposal adopted by the European
Commission
2003, July 17 - Proposal transmitted to European
Parliament
Leading Committee: Environment, Public Health and
Consumer Protection
2005, May 25 - First vote in plenary session EP
2005, May 26 - Commission position on EP
amendments 1st reading 26.05.2005
2005, December 8 - Council common position
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Nutrition and Health Claims Reg.
Timetable
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2006, March 21 - Second vote in ENVI Committee
Trilogue meetings (Council-EC-EP meetings)
through April and early May with the aim to agree
on compromise amendments for the second
reading in the EP Plenary (deadline 17/05)
2006, May 10 COREPER
2006, May 15-18 EP Plenary Session vote
Council has 4 months to consider Parliament’s
amendments. If Council does not accept all
amendments, 2-month conciliation procedure
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Nutrition and Health Claims Reg.
Definitions
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Nutrition claim: any claim stating/implying that a
food has particular beneficial nutritional properties
due to
- the energy it provides or not, either at reduced or
increased rate “no added sugar”, “light”
- the nutrients or other substances it contains or not,
either in reduced or increased proportions
“rich in vitamin c”, “source of potassium”
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Health claims: any claim stating/implying a
relationship between a food or one of its
constituents and health
“ Calcium strengthens bones and teeth”
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Nutrition and Health Claims Reg.
Definitions
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Disease risk reduction claim: any health claim
stating/implying that the consumption of a food or
one of its constituents significantly reduces a risk
factor in the development of a human disease
“ Potassium maintains a healthy heart and can help to
reduce the risk of strokes”
“ Calcium intake can help reduce the risk of osteoporosis”

A trade mark, brand name or fancy name appearing in the labelling or
advertising of a food which may be construed as a nutrition of health
claim may be used provided that it is accompanied by a related nutrition
of health claim complying with the Regulation
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Nutrition and Health Claims Reg.
General Principles
Nutrition and health claims shall not
 be false or misleading
 give rise to doubt about safety/nutritional adequacy
of other foods
 encourage excess consumption
 state, suggest or imply that a balanced and varied
diet cannot provide appropriate quantities of
nutrients in general
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Nutrition and Health Claims Reg.
General Conditions of use
The Commission is to set specific nutrient profiles
and the conditions to be respected for the use of
N & H claims on foods and categories of foods
 The nutrient profiles established for food will take
into account:
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- quantities of certain nutrients such as fat-sugar-salt
- role and importance of the food in the population’s diet
- overall nutritional composition of food and presence of
nutrients scientifically recognised as health beneficial
Nutrient profiles to be based on scientific knowledge
 Advice to come from Eur. Food Safety Authority 10
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Nutrition and Health Claims Reg.
General conditions of use
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Use of N & H claims only allowed if
- the presence/absence/reduction of the nutrient or
substance has a shown nutritional or physiological
effect (scientifically established)
- the nutrient or substance is present in the final product in
a significant quantity
- the food quantity to be consumed is reasonable
- the nutrient must be bio-available for the body
Claims must be understandable to the average
consumer
 Claims shall refer to ready to eat/drink food
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Nutrition and Health Claims Reg.
Specific conditions of use – Nutrition Claim
Nutrition claims only permitted if listed in the
Annex to the Regulation
 Comparative claims only between foods of the
same category
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Nutrition and Health Claims Reg.
Specific conditions of use – Health Claims
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Health claims only permitted if the labeling, or by its
absence, the presentation and advertising, includes:
- a statement related to benefit of balanced diet & healthy
lifestyle
- the quantity and pattern of consumption to obtain the
beneficial effect
- warning statements as to risks related to excess or when
consumption should be avoided
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Reference to general, non-specific benefits for
overall good health or health related well-being can
only be made if accompanied by a specific health
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claim
Nutrition and Health Claims Reg.
Specific conditions of use – Health Claims
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Health claims
- suggesting that health could be affected by not
consuming the food
- making reference to rate or amount of weight loss
- making reference to recommendations of individual
doctors or health professionals or other
associations
are not allowed
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Nutrition and Health Claims Reg.
Specific conditions of use – Health Claims
A Community list/Register of permitted health claims
with conditions of use will be established by the
Commission
 The initial list is to include scientifically justified
claims provided by the Member States and viewed
by the EFSA
 Health claims included in the list may be made
without undergoing the authorisation procedure
 Additional claims will need to be adopted following
the authorisation procedure
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Nutrition and Health Claims Reg.
Specific conditions of use – Disease risk
reduction claims
The authorisation procedure applies to all disease
risk reduction claims
 The labelling of disease risk reduction claims, or by
absence of labelling, the presentation or advertising
shall state that the disease to which the claim
refers has multiple risk factors and that altering one
of these factors may or may not have a beneficial
effect
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Nutrition and Health Claims Reg.
Authorisation procedure
Applications for authorisation will have to be
submitted to national competent authorities
 Detailed guidance for applications will be drafted by
EFSA
 Envisaged authorisation procedure will take at least
9 months
 Data protection clause of 7 years can restrict health
claim use to original applicant
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Nutrition and Health Claims Reg.
Status of proceedings after 2nd reading in
EP ENVI Committee
Main controversial issues
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Art.4 Foods must comply with specific nutrient
profiles in order to bear nutrition or health claims
- ENVI wants to allow claims if one element of the nutrient
profile is exceeded provided reference is made to the
nutrient in question
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Art. 14-18 Requirements set in the authorisation
procedure i.e. time frame/timing data protection
- ENVI wants a faster procedure & shorten data protection
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2. Making the case for
100% fruit juices in the
Five-a-Day Programmes
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Background
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WHO and EU Commission support 5-a-Day
programmes which promote consumption of fruits
& vegetables as a way to reduce noncommunicable
diseases. It is explicitly recognised that 1 serving of
100% fruit juice (6 ounces or <20 cl) counts as one
portion of fruit & vegetables
cfr.
Eurodiet report / WHO
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Background
Official recommendation is of strategic importance
for the industry because it confirms & strengthens
the positive image of juices
 The official recognition that one serving of 100%
fruit juice counts as a portion of fruit is however in
practice not sufficient incorporated /reflected in
the existing 5-a-Day programmes or is even being
questioned in certain EU member states
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Why are fruit juices absent?
Contributing factors
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Depending upon the countries the 5-a-Day
schemes may be governmental, semi governmental
or private.
Often the private schemes or run by bodies
representing fresh fruit and vegetables growers
which apply different rules
e.g. Finland – Finnish Horticultural Products Society
excludes fruit juices because the raw
material is mostly imported
Spain – Association which owns the logo limits
promotion to consumption of fresh fruits –
even direct juice is not in
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Why are fruit juices absent?
Contributing factors
Wide spread scepticism that 100 % fruit juices
really exist
 Lack of understanding and knowledge of the
different product categories
- 100 % Juice (NFC & FC), Nectar and Juice drinks
 General disbelief with labelling declarations (hidden
ingredients)
 Disbelief is re-enforced by misleading presentation
and labelling of “juice impersonators” and …by
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Why are fruit juices absent?
Contributing factors
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The use of non regulated descriptions like “100%”,
“pure”, “authentic”, “premium”, “traditional”,
“directly pressed” for different products within the
fruit juice category and the use of negative claims
without reference to legislation
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Fruit Juices get framed in the “sugar debate”
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Resulting in fruit juices being discriminated with
traffic light labelling due to the quantity of natural
intrinsic sugars
e.g. Swedish Food Administration rules for keyhole labelling to be used for foods low in fat
and sugar, high in fibres exclude juices
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Why are fruit juices absent?
Contributing factors
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Complaints by fresh fruit producers at official level
on the way smoothies / drinks with real fruit pieces
are marketed
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Issues to be adressed
1. Defend the officially acknowledged inclusion of
fruit juices within existing 5-a-Day programmes at
EU and National level
2. Counter sceptical opinions that 100% fruit juices
do not exist and those challenging fruit juices in
5-a-Day programmes
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Actions proposed
Defend inclusion juices in 5-a-Day
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Request EU Commission (DG AGRI & SANCO) to
ensure that coherent and clear messages are
given to the consumers in relation to 5-a-Day
- development of common rules (on products and
portions)
- clarify discrimination based upon origine of fruit
- inclusion in school programmes
- European logo
- organise round table with all stakeholders in
F&V sector
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Actions proposed
Defend inclusion juices in 5-a-Day
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AIJN with its members to lobby National
Governments & organisations that do not include
100% fruit juices
Use existing AIJN position papers on
- Fruit Juice Nutrition Policy
- Fruit Juice and Obesity. Contribution of fruit
juice to a healthy diet
Use the results of a new American study which
links 100% juice consumption to a healthier diet
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JPA’s 100% Juice Consumption
Analysis
Selected Dr. Victor Fulgoni, independent
researcher
 Used USDA’s “What We Eat in America” database
(1999-2002)
 Evaluated kids ages 2-18
– Amounts 100% juice consumed
– Overall dietary patterns in juice consumers vs
non-consumers
– Effect on body weight – BMI- Z-scores (CDC)
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Courtesy of the Juice Products Association (US)
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PURPOSE: To examine the impact of
100% fruit juice consumption by
children ages 2-18 years on food and
nutrient intake, body weight status
and risk of being overweight.
SUBJECTS: 1999-2002 NHANES participants,
which included children ages 2 to 18 years of
age (N=7,557) with reliable 24-hour recall
dietary interviews meeting minimum criteria.
Courtesy of the Juice Products Association (US)
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Conclusions
Children who drank 100% juice had healthier
dietary patterns:
– Significantly more total fruit – a threefold increase
in total fruit consumption versus non juice
consumers
– Significantly less total fat, saturated fat, sodium
and added sugar in their diet than non-consumers
– Significantly more nutrients relative to nonconsumers – 140% more vitamin C, 25% more
potassium, 15% more folate, 11% more
magnesium and 9% more dietary fiber
Courtesy of the Juice Products Association (US)
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Conclusions (cont’d.)
Overall, body weight status variables did
not differ between juice consumers and
non-consumers, with 2 exceptions:
– In children 12-18 years of age, BMI was
significantly lower in juice consumers versus
non-juice consumers; no difference seen in
children 2-11
– Juice consumers had an 18% lower risk for
being overweight.
Courtesy of the Juice Products Association (US)
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Significance
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Concur with previous studies that suggest that
fruit juice consumption is not associated with
overweight in children and may be associated
with a reduced risk of being overweight when
consumed at recommended levels.
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100% juice consumption makes an important
contribution to meeting daily fruit serving
requirements.
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Children who consume 100% juices also
consume higher levels of key nutrients including
potassium, magnesium, and vitamin C.
Courtesy of the Juice Products Association (US)
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New Data Analysis is consistent with
US 2005 Dietary Guidelines
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Findings supportive of statements in the 2005
Dietary Guidelines Advisory Committee report
which states that fruit juices provide higher,
more substantial contributions of several
vitamins and minerals than whole fruit.
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With the exception of fiber, these include vitamin
C, potassium, folate and magnesium.
Courtesy of the Juice Products Association (US)
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THANK YOU
FOR
YOUR ATTENTION
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