ESSNA urges industry vigilance after almost 500 products found in violation of EU law
05 Nov 2020 --- A seven year European Specialist Sports Nutrition Alliance (ESSNA) investigation has revealed 476 sports nutrition products to be in violation of EU law.
“Among the most common non-compliant cases found online are products making unauthorized and illegal claims,” Dr. Adam Carey, chairperson of ESSNA, tells NutritionInsight.
“These tend to represent the majority of cases ESSNA handles, however we also act on products containing banned substances, dangerous ingredients or unauthorized novel foods, such as products tainted with steroids or other World Anti Doping Agency (WADA) substances.”
The investigation results present a worrying trend for consumers choosing products for health benefits.
Investigated cases
Unauthorized health claims tend to be easier to spot and report, says Carey, while other non-compliances require testing to be done or advice of an expert.
Of the 476 cases alerted to the ESSNA, 176 were resolved informally after the association directly contacted the manufacturers.
Twenty-nine agreed to reformulate or relabel the products in question appropriately immediately, and 31 agreed to withdraw products altogether.
These products are an issue for consumers, ESSNA members and for the industry as a whole, for many reasons, says Carey.
“They pose risks to consumers’ health; they damage the reputation of an otherwise responsible industry; and they result in unfair commercial practices, where uninformed consumers gravitate toward these illegal products believing their misleading promises to be fact.”
Nineteen reported products had their cases escalated and referred to relevant national legal authorities, such as the UK Food Standards Agency and the European Commission (EC).
All remaining cases are still under investigation.
Adam Carey, the Chair of ESSNA. Products found containing harmful ingredients
The ESSNA found in some products ingredients that could directly damage consumer health.
“The most serious non-compliance claims that ESSNA has dealt with contain unauthorized and harmful ingredients or substances – such as dimethylhexylamine (DMHA) – but we also act on cases of unauthorized novel foods.”
“Any novel foods contained in food and food supplements need to undergo a full assessment by food authorities and the European institutions,” says Carey.
Misunderstanding and legal action
The ESSNA says usually cases on non-compliance are the result of misunderstanding the legal frameworks in industry. However, in some cases companies may be knowingly breaking the law.
“Often cases of non-compliance on the minor end of the scale are the result of poor knowledge of the applicable legislation. A strict body of European laws regulates food production and distribution, which the majority of the industry abides by.”
“We often find that companies are very willing to correct mistakes and be compliant and some will use the support of trade associations like ESSNA which can support navigating the regulatory maze.”
The warning procedure
Warnings are given first but if a company does not act in an appropriate manner, the case will be taken for further legal action.
“ESSNA will, in the first instance, give the sports nutrition producer the opportunity to amend their mistake without escalation because we all want the same thing – for consumers to be safe and for products to comply with applicable legislation.”
“However, some companies are not sufficiently responsive to our call for action. In this case, we have built long-lasting cooperation with enforcement authorities across the EU that we liaise with to flag serious cases of repeat offenders and non-compliant products,” explains Carey.
“It is up to all of us in the industry to work together to tackle non-compliant products.”
Products carrying misleading packaging claims or containing illegal ingredients can be reported to the ESSNA by the public.
Since the association’s inception in 2013, its purpose has been to build a regulatory framework for sports nutrition products that can provide credibility to reputable brands and prevent disreputable brands tarnishing the industry.
Non-compliance in supplements
In 2018, the EC found that a majority of online traders were offering novel foods and food supplements that did not comply with EU regulations. This could have serious implications for public health and food safety.
This was according to the results of the first coordinated official controls of internet marketed foods carried out by 25 EU Member States, Switzerland and Norway. Nearly 1,100 websites were checked for certain products that are non-compliant with EU food legislation.
Of the websites surveyed, 779 were found to be offering products not complying with the EU legislation, whether in terms of labeling, false claims or lack of authorization, according to the EC.
By Louis Gore-Langton
