Danish approval of “probiotic” category term may signal pan-European adoption

14 May 2021 --- Following in the footsteps of Poland and the Netherlands, the term “probiotic” can now be used in Denmark as a mandatory category designation on dietary supplements. Industry experts speak to NutritionInsight about how this could mark a changing tide for European regulation and outline where there is room for further reform.

“We welcome the decision by the Danish government to allow the use of the term ‘probiotics’ on food supplement labels. This is yet another step in the right direction,” says Linda Neckmar, vice president of commercial development, Human Health, Chr. Hansen, which is based in Denmark.

With an increasing number of EU Member States allowing the use of probiotic labels, Chr. Hansen hopes that the European Commission will change its current interpretation, which considers “probiotics” to be a health claim.

Kristine Koppelhus, director of scientific and public affairs of Sweden-based BioGaia, notes that food supplements are, by definition, products that are concentrated sources of nutrients or other substances.

“They also have a nutritional or physiological effect, intended to supplement the normal diet and marketed in dosage form. Therefore, the Danish interpretation is very positive.”

From the point of view of Dr. Margherita Patrucco, technical marketing manager of Italy-based Probiotical, probiotic manufacturers will no longer have to include vitamins in probiotic products for the sole purpose of providing information on the characteristics of the product.

“Now labels can directly inform the consumer about probiotics, the main functional ingredient.” Denmark is following a number of other European countries when it comes to the word “probiotics.” 

Unpacking Denmark’s ruling
Denmark’s new ruling states that probiotic labeling can be used when the product contains live lactic acid bacteria or bifidobacteria. It is assumed that the term “probiotic” is used in such a way that it does not appear as a claim of the product. 

Only the term “probiotic” may be used and not additional information such as “probiotic effect” or similar information that may be considered a health claim, which must comply with the rules of the claim.

This category designation is considered as voluntary labeling information for common foods. 

An indication of “contains probiotics” will be subject to the rules of the claims regulation. The term “probiotic” can therefore only be used on dietary supplements but not on other foods or food ingredients.

A pan-European approach?
Denmark has chosen to follow the Netherlands’ and Poland’s recent decisions to consider “probiotics” as a mandatory category term. In November, Spain also announced it would allow “probiotics” to be used on food and food supplement labeling. 

“This clearly shows that there is a strong momentum for policymakers to support this labeling that makes it easier for consumers to make informed choices,” argues Neckmar. 

She believes the Danish decision will also help other European businesses to compete on an equal level on the EU market. Currently, e-commerce products from the US and Asia are sold under the name of “probiotics,” while several EU businesses still cannot use that denomination. 

“That is also why the whole European probiotic industry is standing together on this journey toward a level playing field,” Neckmar continues. 

Koppelhus of BioGaia also is looking for this continental movement to lead to a more general, uniform and consumer-friendly European labeling of probiotics.

“We sincerely hope to see that the clear determination and communication in Denmark will have a positive effect on the ongoing discussion in Sweden and other European countries,” she says. 

In light of changing regulation across European countries, Antonio Martinez, vice president of probiotics at ADM, expects to see accelerated growth in the probiotics market. Consumers still remain at risk of being misled by probiotic labeling.

Calls for further progress
“Keeping the interest of the consumer central, we will continue to discuss this issue with policymakers all over Europe. Our work is far from done. Neither in Denmark, where we wish to see ‘probiotics’ also on other food labels than food supplements labels,” explains Neckmar. 

Another consideration is the inclusion of other “biotic” substances, flags Martinez. “These are the subject of less recognition at this time, and are not included in the current labeling change.” 

Apart from mentioning the microorganism with genera, species and strain in the ingredient list, Koppelhus would also like to see further criteria implemented to allow “probiotic” to be used on supplement labels in a correct way.

“Probiotic strains should be sufficiently characterized, safe for the intended use, supported by at least one positive human clinical trial and alive in an efficacious dose throughout shelf life.”

She states that only once all criteria are fulfilled, can the enlightened consumer make an informed choice. 

“The current drawback is that many consumers are still not educated enough to know what to look for. Therefore, they can be misled by unethical companies seizing the opportunity of the probiotics hype.”

Probiotics on the rise
This ruling comes as consumers continue to prioritize their gut health amid rising awareness of its connection with other aspects of wellness like immunity. 

“Today’s consumers are more aware of the meaning of the term and the beneficial effects of probiotics. Seeing the term on the label, they can easily correlate the ingredient listed in the label with the characteristic of the product and make informed choices about the products they purchase and consume,” says Patrucco.

Recent probiotic NPD includes Angel Nutritech’s drops for infant allergies and Ayo’s almond-based yogurt. 

By Katherine Durrell