In October 2005, the Traditional Herbal Medicinal Products Directive (THMPD) comes into force in member states. This enables traditional herbal remedies to be registered under the directive, thereby giving them medicinal status via a less onerous legislation process, and allowing them to make some medicinal claims.
Herbs have always sat on the borderline area between foods and medicines, but their use in food has developed from 'primary ingredients' such as for flavouring purposes, to specific functions. We are all familiar with herbal ingredients in teas, particularly for added 'wellbeing', and ingredients such as guarana is becoming more popular in various foodstuffs. But we don't know what, if any, impact the THMPD will have on foods containing these ingredients. The predominant question is whether a herb that is the subject of a monograph under THMPD will still be permitted for use as a food -- can a herb be a food and a medicine?
If different parts of the herb are used for food and medicinal use, then the answer is likely to be yes, but this may not always be the case. Take Echinacea: the root of the plant is well recognised for its pharmacological properties, a feature that has been 'harnessed' for use in 'functional foods', predominantly in the beverage industry. Will Echinacea continue to be permitted for sale as a food ingredient if it is registered as a traditional herbal medicine?
This question could be applied to any number of ingredients, including ginger, African marigold, nettle and even herbs such as Pau d'Arco. It is likely that each ingredient will be handled on a case-by-case basis by the Food Standards Agency (FSA) and the Medicines and Healthcare products Regulatory Agency, depending on their presentation and intended use. These authorities have compiled a list of herbs and their known food/medicinal use as a first point of reference. The list is available at: http://medicines.mhra.gov.uk
If a herb is not a medicine, it is then subject to appropriate food legislation.The FSA is available for consultation if you are in doubt about any of your ingredients.
Contact the FSA's Food Advisory Committee on 020 7276 8799.
Jean Feord Business Manager
for Legislation,
Leatherhead Food International.