Nutrition, Health and the Consumer: An overview of activities in the EU

1. Nutrition, Health and the Consumer: An overview of activities in the EU Basil Mathioudakis Head of Unit E.4, Nutrition, food composition and information Health and Consumers Directorate General TGDF Congress, Antalya, 12-14 November 2013

2. Nutrition and Health EU Strategy • Better informed consumers: • Nutrition labelling • Nutrition and health claims • Scientific information and education campaign • Making the healthy option available • Promoting the consumption of fruits and vegetables • Promoting the reformulation of foods to: • reduce the levels of certain nutrients • Improving the nutrient content of manufactured foods • Regulating specific categories of foods • Encouraging physical activity

3. Variety of actions • Bindinglegal measures: • Regulation on Food Information to Consumers (FIC) • Regulation on nutrition and health claims (NHC) • Regulations on specific categories of foods • Voluntary measures: • Pledges in the context of the EU Platform for Action on Diet, Physical Activity and Health

4. Regulation (EU) No 1169/2011 on the Provision of food information to consumers

5. Mandatory particulars • Maintains the required information under Directive 2000/13 IN ADDITION • Nutritional Information becomes mandatory

6. Nutrition information Mandatory energy (kilojoules and kilocalories) fat saturates carbohydrate sugars protein salt (sodium expressed as “salt” equivalents) Commission report by 13 December 2014 +trans fats?

7. Which other nutrients may be declared • The mandatory nutritional declaration can also be completed by an indication of the quantity of one or more of the following: • a) mono-unsaturates • b) polyunsaturates • c) polyols • d) starch • e) fibre • f) vitamins and minerals

8. Non pre-packed food & alcoholic drinks • The content of the nutritional declaration can be limited to: • A) In the case of non-prepacked foods • The energy value or • The energy value including the fat, saturates, sugars and salt content • May be given only per portion or consumption unit • B) In the case of alcoholic beverages • The energy value

9. Front-of-pack nutrition information • Voluntary front-of-pack labelling for • energy alone OR • energy, fat, saturates, sugars and salt

10. Additional forms of presentation and expression of the nutrient declaration Rationale • Extensively discussed during the negotiations • Lack of evidence across the Union on how the average consumer understands and uses such information • Aim is to allow further developments within a frame • Experience will show if further harmonisation is needed

11. Criteria for additional forms of presentation and expression of the nutrient declaration (a) Based on sound and scientifically valid consumer research, not misleading the consumer (b) Stakeholder consultation (c) Aim to facilitate consumer understanding (d) Supported by scientific evidence of understanding by the average consumer

12. Criteria for additional forms of presentation and expression of the nutrient declaration (e) In the case of other forms of expression, they are based either on the harmonised reference intakes, or in their absence, on generally accepted scientific advice (f) Objective and non-discriminatory (g) Their application does not hinder free movement of goods

13. Additional Forms of Expression and Presentation • Can be developed and used by food business operators • Member States may recommend to businesses one or more schemes which best fulfill the criteria, and provide the Commission with details

14. Monitoring, consistency and sharing of best practices Member States may require food business operators notification of additional forms of expression or presentation and provision of justifications regarding compliance with the criteria The Commission shall facilitate and organise the exchange of information between Member States, itself and stakeholders

15. Application of the new rules • From 13 December 2014… • … with exception of information related to mandatory nutrition labelling, which shall apply from 13 December 2016 • Voluntary nutrition labelling after 13 December 2014 shall comply with Regulation (EU) 1169/2011 • Exhaustion of stocks

16. Permitted claims on the market • Only authorised claims can be made • Subject to principles and conditions • Limited flexibility allowed for wording • Compliance with specific conditions of use AND • Compliance with other general principles and conditions • Subject to compliance with nutrient profiles

17. Union lists of claims • Nutrition claims - List of permitted claims in Annex of Regulation (EC) No 1924/2006 • Amendments to the Annex • Health claims – Lists of permitted claims • “Function” claims • Reduction of disease risk claims • Claims referring to children’s development and health

18. Claims, where do we stand today? 30 permitted nutrition claims 253 permitted health claims 1851 not authorised health claims 2095 health claims under consideration

19. EU Register • Interactive database • List of permitted claims with wording, condition of use, restrictions • List of non-authorised claims with reasons • Useful additional information for stakeholders • http://ec.europa.eu/nuhclaims/

20. Nutrient profiles • Foods can bear claims if they comply with nutrient profiles • Derogations foreseen for nutrition claims • Strong opposition from some food sectors / Some support from other sectors • Strong support for the concept, from consumer and health NGOs

21. EU Platform for Action on Diet, Physical Activity and Health

22. The EU Platform for Action on Diet, Physical Activity and Health Since 2005: a multi stakeholder & voluntary approach 33 EU Platform membersincluding: Industry, Public Health NGOs, Health Professionals, Consumer Groups Membersmeet 4 times a yearatPlenary meetings

23. The EU Platform for Action on Diet, Physical Activity and Health • 256 commitments (123 active, 133 non-active) • 6 activity types 1.Consumer information, including labelling 2. Education, including lifestyle modification 3. Physical activity promotion 4. Marketing & advertising 5. Composition of foods (reformulation), availability of health food options, portion sizes 6. Advocacy & information exchange

24. Regulation (EU) No 609/2013 of the European Parliament and the Council on food intended for infants and young children, food for special medical purposes and total diet replacement for weight control The Regulation on Food for Specific Groups (FSG Regulation)

25. Obligations and deadlines • By July 2015: • Infant formulae (IF) and follow-on formulae (FF) • Processed cereal-based foods and baby foods • Food for Special Medical Purposes (FSMPs) • Total Diet Replacement products for weight control including Very Low Calorie Diets (VLCDs) • Rules on 'gluten-free' and 'very low gluten' under FIC, July 15

26. Obligations and deadlines (2) • Reports - by July 2015 – on: • Milk-based drinks and similar products intended for young children (so-called 'growing up milks') • Foods intended for sports people • Consider necessity of rules • After EFSA's consultation • May be accompanied by legislative proposals