CFG
14/07 final
Letter dated 20 May 2007
from Foodaware to Sarah Paterson, Fortification and Claims Unit, Food
Standards Agency:
Dear Ms Patterson
Nutrition and Health Claims made on foods (England and Wales)
Foodaware members commented to the European Commission on this issue
when the Regulation to control the use of nutrition and functional
claims was being considered. We had been concerned for a number of
years about the growing range of claims being used and the confusion
consumers face in the absence of objective information about their
validity. Poor consumers are particularly vulnerable and may be misled
into wasting their scarce resources or be worried that they and their
families are unable to buy foods that are claimed to be beneficial
to health. Our detailed views are available on our website at: www.foodaware.org.uk/food/sanco.htm
(CFG 12/01). We strongly support this legislation which will control
the range of nutrition and health claims, provide a basis for the
scientific verification of claims, and establish a positive list of
authorised claims. In the past, we have kept in contact with the UK
Joint Health Claims Initiative but have had doubts that such national
approaches could be relied upon to protect consumers throughout the
EU.
As EU Regulation 1924/2006 is directly applicable in the UK and will
apply from 1 July 2007 there is little scope for comment. FSA has
specifically invited comment on the draft food industry guidance and,
apart from welcoming the provision of guidance, we have no comments
to make about the detail.
Article 26 of the EU Regulation allows for labels on foodstuffs to
be monitored for compliance purposes, but it is not clear whether
FSA will support activity in this area in the light of its risk based
approach to enforcement, and concerns about proportionality. We believe
that targeted monitoring would be appropriate in the light of these
changes, to ensure that food businesses are aware of the new Regulations
and follow them so that consumers are not misled. It is not sufficient
to leave it to the market and prior approval to ensure this legislation
is implemented. There needs to be a requirement to enforce this legislation
and, if it is not high priority for the FSA, at the very least some
market surveillance to ensure that only approved claims are being
used. We would also like to know what action FSA plans to take to
inform the public of these changes and the impact it may have on the
scientific validity of claims made on foods.
The Regulatory Impact Assessment expresses some concerns about the
effect of the European Food Safety Authority assessment of the authorisation
process and the level of scientific proof which will be required to
substantiate particular claims. The FSA has indicated that it would
want the approach to be proportionate and appropriate. While Foodaware
does not dissent from that view, the assessments need to be sufficiently
rigorous to command consumer confidence and result in health claims
on which the public can rely.
Yours sincerely
Susan Knox
Chairman
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