Justifying plant claims
Reinforcement of DGCCRF requirements on claims in France.
A claim is any message or representation (image, graphic element or symbol) that states, suggests or implies that a food has particular characteristics.
NUTRITION & HEALTH CLAIMS
There are 2 types of claims falling within the scope of EC Regulation 1924/2006
- Nutrition claims are found in the annex to regulation EC 1924/2006 and imply that the food has beneficial nutritional properties. [Example: “Source of fibre”, “Reduced in sugars”, “High in protein”, …].
- Health claims imply that an ingredient has a role in the functions of the body [Example: vitamin C helps to reduce fatigue]. They are mainly classified in 2 categories:
- The authorised health claims are listed in the annex to Regulation EC 432/2012 and concern vitamins, minerals and some substances. These claims are validated.
- “Pending” health claims concern claims for which EFSA has not finalised the scientific evaluation. They mainly concern botanical substances and are said to be tolerated provided that the necessary conditions are met and that a scientific file is available providing evidence of the claimed effect.
FOCUS ON “PENDING HEALTH CLAIMS
As EFSA’s scientific assessment is not done, it is up to the marketer to have a scientific dossier providing evidence on the ingredient bearing the health claim. It is therefore possible that there is no data on an ingredient.
Justifiable “pending” health claim:
Lemon balm contributes to normal sleep
Non-supportable “pending” health claim:
Pale rose promotes sleep onset
To date, there are about 2078 pending claims with more or less solid scientific records. It is obvious that not all botanicals will have sufficient justification to be authorised.
FOCUS NEWS DGCCRF
Recently, the authorities have insisted on the justification of claims on packaging in order to protect the consumer.
Even if the claim is tolerated, and therefore a priori usable, the absence of a scientific file could lead to non-compliance in the event of a control by the DGCCRF. These controls are becoming more and more frequent.
In its development approach, IRATI INTERNATIONAL proposes claims without providing the related scientific files, which are the sole responsibility of the client. It is therefore up to the client to provide an adequate file to the authorities.
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