Impending EFSA opinion on health claims to bring unified nutrient profiling, flags Kerry

07 Mar 2022 --- After 15 years in the pipeline, this month is expected to see the European Food Safety Authority (EFSA) issue its final opinion on nutrition and health claims (NHC) regulation. However, this could pose a host of challenges for industry as companies grapple with product labels and reformulation, Kerry tells NutritionInsight.

“Having a unified system across EU Member States will make reading and understanding nutrition and health claims on food much easier for the average consumer. It will ensure more consistent messaging and direct consumers to foods which will have a more positive impact on health,” says Sarah Burke, senior regulatory manager at Kerry.

The legislation attempts to bring unified nutrient profiling across the EU to guide NHC on foods. It aims to ensure claims are not made on foods deemed “unhealthy” and sets limits for nutrients such as fats, sugars and salt as a condition for the product to bear the claim.

Painstaking process
The initial NHC regulation was published in 2006 in a bid to protect consumers from misleading claims in the EU. However, a number of gaps remain. For instance, the European Commission and Member States could not agree on a unified nutrient profile system, delaying implementation.

Complications arose from some food products included in national healthy eating guidelines that would effectively be excluded based on the nutrients to be considered for profiling, Burke underscores. Cheese, for instance, has high saturated fat content but is recognized as a source of calcium.Items such as cheese pose a sticky issue, as the item is high in fat but rich in calcium. 

“Furthermore, traditional foods in some countries could be excluded from bearing claims. For example, olive oil, a traditional food in many Mediterranean countries, would not be allowed to bear claims because of its high fat content even though it’s very high in unsaturated fatty acids compared to a lot of other vegetable oils,” she adds.

While it is not currently foreseen to propose a nutrient profile model, EFSA’s opinion will inform the European Commission’s dialogue on creating new legislation on nutrient profiles. This will inform discussions between the European Commission, Member States and stakeholders, including the food industry. 

Following this dialogue, it has been suggested that the legislation establishing nutrient profiles in the EU should be adopted by the end of 2022.

Tackling hurdles
Similar issues have also arisen with the EU-wide Nutri-Score labeling, with Spain’s ministry of consumer affairs calling for olive oil to be left out of the front-of-pack labeling system. It argues that the current algorithm does not reflect the oil’s nutrition benefits.  An Iberian pork association alsocalling for Nutri-Score to make an exception for jamón ibérico.

As part of the “Farm to Fork” initiative, the Commission made a request to EFSA for scientific advice on the development of harmonized mandatory front-of-pack nutrition labeling and the setting of nutrient profiles for restricting nutrition and health claims on foods. 

Looking ahead, even if a unified system is implemented, industry will have to adapt and react to a host of considerations. 

“Managing changes to product labels is always challenging for industry, dealing with demand planning, managing stocks and the cost of redesign are but a few,” Burke notes.

Additionally, companies that import and export to countries outside the EU, such as the UK, could also be further challenged as labeling requirements may differ from EU Member States, she adds.The regulation can help tackle nutrient deficiencies, industry notes.

Opportunities all-round?
Despite the challenges, the NHC regulation offers opportunities to both consumers and industry alike, Burke underscores. 

“The creation of nutrient profiles and potential knock-on effects on nutrition and health claims gives industry the opportunity to innovate and reformulate, to meet consumer demands for healthier, more sustainable products,” she says. 

“The development of nutrient profiles will further strengthen the regulation on nutrition and health claims and restrict claims that could be considered misleading, for example, prohibiting claims on foods that are considered ‘unhealthy.’”

Anticipating EFSA’s opinion
According to Burke, EFSA published a draft opinion in November 2021, advising on the development of nutrient profiles, aiming to inform nutrient profiling modeling.

It takes into account the nutrients called out in the legislation, such as fats, salt and sugars. It also considers nutrients that are inadequate in specific population groups, such as iron, calcium, vitamin D, folate, iodine and potassium.

“This is a very positive development. From a public health nutrition point of view, issues exist around nutrient deficiency in Europe as well as overconsumption leading to overweight and obesity,” Burke notes. 

The UK, in particular, is concerned after obesity-related hospital admissions in the UK surpassed more than one million admissions, sparking calls for the nutrition industry to step up. 

“We need to encourage consumption of foods that provide nutrients such as iron, calcium, folate, in the context of a healthy balanced diet.”

A study previously flagged that cultural and linguistic differences across EU Member States make it difficult to harmonize on-pack health claims communication in the F&B arena.

By Andria Kades