Eversheds Food and Drink Seminar - Health Nutrition Labelling Presentation 3rd October 2013
 

Eversheds Food and Drink Seminar - Health Nutrition Labelling Presentation 3rd October 2013

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Eversheds Food and Drink Seminar - Health Nutrition Labelling Presentation 3rd October 2013 - Katharine Vickery, Eversheds LLP. ...

Eversheds Food and Drink Seminar - Health Nutrition Labelling Presentation 3rd October 2013 - Katharine Vickery, Eversheds LLP.

Current Developments - What’s changed over the past 12 months?

• Nutrition and Health Claims: register of approved claims
What's changed available and informal guidance available;

• New regulation on Generic Descriptors under Article 1(4);

• Judgment on Article 13.5 claims;

• Front of Pack Labeling Scheme introduced; and

• ECJ gives second ruling on meaning of Nutrition and Health Claims Regulation.

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    Eversheds Food and Drink Seminar - Health Nutrition Labelling Presentation 3rd October 2013 Eversheds Food and Drink Seminar - Health Nutrition Labelling Presentation 3rd October 2013 Presentation Transcript

    • Food and Drink Seminar Health, nutrition and labelling – staying ahead of the changes Katharine Vickery, Eversheds LLP 3rd October 2013 #thinkfoodlaw
    • Current Developments • Nutrition and Health Claims: register of approved claims available and informal guidance available; • New regulation on Generic Descriptors under Article 1(4); • Judgment on Article 13.5 claims; • Front of Pack Labeling Scheme introduced; and • ECJ gives second ruling on meaning of Nutrition and Health Claims Regulation. What’s changed over the past 12 months?
    • Health and Nutrition claims Additional claims and new guidance 1. 222 approved claims issued in December 2012 and more being added; 2. Barry Callebaut AG – successful claim application in relation to cocoa flavanols; 3. Three successful heart health claims for Omega 3.
    • Informal Guidance issued • Informal guidance issued in January 2013. • Guidance provided by 17 experts from Member States who met to discuss common approach for FBOs. • The guidance is 6 pages long and is not legally binding.
    • Contents of the Informal Guidance 1. Adjusting the wording of a claim; 2. The use of the term “normal”; 3. The link between the claimed effect and the nutrient, substance, food or food category responsible for the effect; 4. Considerations for health claims about food supplements; 5. Presentation of general, non-specific health claims; 6. Trade mark, brand name or fancy name; and 7. Reference to excerpts from EFSA opinions.
    • Update to Article 1(4) - Generic Descriptors • a term which has traditionally been used to indicate a particularity of a class of foods or beverages and which could imply an effect on human health e.g. include ‘tonic water’, ‘digestive biscuits’, ‘cough drops’ • the Commission has laid down the procedure FBOs must follow to be exempted from requiring a generic descriptor to be accompanied by a related and authorised nutrition or health claim
    • UK Front of Pack Labelling Scheme • Voluntary Scheme introduced in June 2013 • Specific label (shown below) • Highlights 'percentage reference intakes'
    • ECJ ruling on meaning of Nutrition and Health Claims Regulation • Case of Green Swan Pharmaceuticals July 2013; • Claim will be categorized as a “reduction of disease risk claim” if the consumer understands it to suggest a significant reduction in a risk factor for disease.
    • What’s on the Horizon?
    • What’s on the horizon? • Get ready for Food Information Regulations – enforce from 13 December 2014: • Botanicals – a decision due? • Challenges to front of pack labeling?
    • Food Information to Consumer Regulation – are you prepared? Changes include: •Minimum font size for mandatory information •Nutrition labelling •Mandatory information on allergens •Extension of rules for origin of food labelling •Possible change to “engineered nanomaterials”
    • Timetable for Implementation • The labelling requirements will come into effect in 2014 • The obligations for nutrition labelling will not apply until 2016 • Implementing legislation in UK • Impact on all labels in the end, but in particular consider – labelling redesign and product relaunch projects – new product development
    • Food Information to Consumer Regulation- Guidance available • November 2012 – DEFRA Food Information Regulations 2013 Guide to compliance https://www.gov.uk/government/uploads/system/uploads/attachme nt_data/file/82663/consult-fic-guidance-20121116.pdf
    • DEFRA prepares for EU country of origin labelling • DEFRA draft paper dated 10 September 2013; • Country of origin labelling for fresh meat products under the FIR to be restricted to member states; • Expert committee paper defines origin as being the place of both rearing and slaughtering.
    • Botanicals – what’s next? • September 2010 – EFSA put on hold the assessment of 1,548 health claims for plants and herbals (botanicals). • Discussions surround amendment to NHCR or new regulations. • Latest indication is that a new regulatory framework could take 5-6 years to implement. • Pending legal cases on the unfairness of claims being ”on-hold”.
    • Challenges to FOP labelling? • The Italian food industry:“deeply concerned” • FoodDrinkEurope: “colour coding could fragment the issue of nutrition labelling in the EU” • German food industry association, BLL: ”traffic light system too simplistic” “German consumers prefer GDA labelling”.
    • Questions? katharinevickery@eversheds.com Tel: 0845 497 1771 Join us on Linkedin Eversheds’ Food and Drink Law Group Follow us on Twitter @EvershedsFAD