For too long F&D manufacturers have put up with wording in the NHCR which is meaningless to the general public, said Dominic Watkins, partner and head of the food group at law firm DWF.
“Businesses want clarity. [They] want to be able to communicate to consumers in a way that they will understand the benefits of a product,” he said. "The current system gives unclear claims that mean nothing to consumer."
Rejection
Watkins’ call followed the rejection by the European Court of Justice (ECJ) last month (June) of an application to annul the list of permitted health claims. The joint plea, which was submitted three years ago, came from the UK Health Food Manufacturers’ Association and NPD, the Dutch natural products trade association.
It was right that the ECJ didn't annul the list, said Watkins, who accepted that regulation was necessary. “On the whole, the nutrition claims part works quite well, but more emphasis should be put on the ability to use permitted claim wording flexibly,” he said.
The ECJ’s recent decision also ruled out scrapping the NHCR in the future, Watkins added. However, that could change if the Transatlantic Trade and Investment Partnership between the EU and the US came into force, he said. “The vast disparity between EU and US regulation is an obvious target for regulatory convergence.”
Preventing consumers from better nutrition
Meanwhile, leading nutritionists have also argued that unclear wording in the NHCR has prevented consumers from accessing better nutrition. “We’ve got diets higher than ever in fat, salt and sugar,” said dietician Dr Carrie Ruxton. “Consumers are taking in too many calories and it’s a worry.”
There were many health-boosting products on supermarket shelves, but consumers weren't noticing them because the claims were dull or meant nothing to them, she added.
Another nutritionist, who asked not to be named, said: “Approved health claims wording makes it hard for firms to create exciting wording on functional foods.”