Health Claims and Food Labelling

Sian Astley, Gary Williamson, Alejandro G Marangoni, Juliet A Gerrard

• Publisher: Royal Society of Chemistry
• Year: 2019
• eBook ISBN: 9781839160875
• Edition: 1
• Topic: Technology & Engineering
• Subtopic: Food Science
• Index: Technology & Engineering

Providing an introduction to the use of nutrition and health claims, this book explores these claims around the world and the impact of the different legislations on consumers as well as likely developments in the future. As nations tackle the food and health issues of the 21st century, this book will provide a single source drawing together all of these topics.

In recent years, nutrition and health claims displayed on food packaging have become more regulated with the dual aims of protecting consumers from false claims and promoting consumption of foods with proven health benefits. Edited by Siân Astley, with contributions from renowned experts, chapters describe the legislation underpinning nutrition and health claims globally, explain the permitted use of claims globally in theory and practice and explore differences between the various legislative frameworks.

This book will be of interest to those involved in food health and dietary impact research, as well as food manufacturers, legal and healthcare students with an interest in food, nutrition, bioactive compounds and human health.

CHAPTER 1

European Food Information Regulations: Recent Developments

STEPHEN PUGH

Sugarwise, 5 Signet Court, Swann Road, Cambridge CB5 8LA, UK

Email: [email protected]

1.1 Introduction

The major change in food labelling in the European Union (EU) is the introduction of mandatory labelling for nutrients of public health interest on prepacked foods. This might not seem like a major change in the UK but, in other EU Member States (MS), the market for prepacked foods is not as well established but these and other markets are growing quickly.

The push for mandatory labelling comes from a multitude of directions. The two main protagonists are MS government health departments and from consumer organisations. Governments, and in particular health departments, are concerned about the rise in non-communicable diseases, such as obesity, and better nutrition labelling is seen as a way of empowering and/or nudging citizens to improve their diet.¹ Consumer organisations are being pushed from two directions: members are concerned about the nutritional content of foods, but also the addition of fat, sugar and salt, which increase bulk or palatability of food products without any nutritional benefit or improved quality.

With food labelling being an issue that affects trade across the EU, and largely considered a European Commission (EC) competence, the EC also has an interest. However, health per se is an area where MS have priority, making nutrition labelling a joint competence. However, such has been the pressure from MS to harmonise nutrition labelling across the EU, the EC incorporated rules on previously voluntary nutrition labelling in the new regulation on the provision of food information to consumers (FIC) (1169/2011/EC),² making nutritional labelling mandatory and standardised across the EU.

In some areas, nutrition labelling has been mandatory for many years, following the introduction of Nutrition and Health Claims Regulations³ in 2006, together with fortified foods regulations.⁴ If manufacturers make a nutrition or health claim on a food, then a nutrition declaration according to the rules on voluntary nutrition labelling was required. The same applied to fortified foods: if a manufacturer fortified a food, then a nutrition declaration was mandatory. This voluntary nutrition labelling was governed by regulation 90/496/EC,⁵ and the provisions for presenting this information have been copied over to FIC with a few small changes, e.g. labelling of sodium as salt, the order of nutrients and nutrients that must be included. These changes reflect public health concerns of MS governments and can be regarded as future-proofing the FIC regulation.

Given the lack of nutritional information on prepacked foods within the EU previously, particularly from medium-sized food businesses (50–250 staff, 10–50 M Euro turnover or 10–43 M Euro balance sheet total), regulators initiated a longer lead-in period for mandatory nutrition labelling. Requirements for general labelling came into law on 13 December 2014, but nutrition labelling was not mandatory until December 2016. The aim was to promote compliance with the new FIC regulation by fitting in with the normal labelling cycle for medium-sized businesses (i.e. approximately 3 years).

The primary aim of nutrition information is empowerment, i.e. knowing the nutritional content of a product enables consumers to make informed choices about their diet. In fact, labelling alone makes little difference to consumer behaviour but, combined with national programmes of education, this information can help consumers adopt a healthier diet. Similarly, nutrition labelling is of limited value without public health information that makes consumers aware of the nutrition contents of foods, what these values mean and how they can be used to eat more healthily. In the EU, on a population basis, nutrients such as sugar, fat and salt – as well as energy intake as a whole – need to be reduced. Whether or not individuals need to amend intakes depends on their circumstances. Having amounts of these nutrients on packaging empowers some consumers to make more informed choices.

Actual intakes, however, depend on how much is eaten, i.e. portion size. Food producers make strenuous efforts to determine portion size for their products, but consumption depends on the individual, e.g. age, access to foods, appetite. Currently (i.e. 2018), there are no defined portion sizes in the EU and, given the complexity of the subject, this is unlikely to change in the near future, despite lobbying from a range of stakeholders across Europe. In the meantime, food manufacturers are able to indicate nutrition content based on portion size as well as per 100 g, and many have chosen to do so for a variety of reasons. In many cases, portion size is obvious (e.g. one can of a soft beverage or small packet of potato crisps) but, in many cases, particularly large packages, portion sizes are less intuitive (e.g. breakfast cereals) and more controversial (e.g. chocolate bar).

1.2 Why Nutrition Information?

With changes in the retail environment and consumer preferences for pre-prepared food products, EU MS governments and consumer organisations have been calling for better information on food labels, and this included nutrition information. These calls began in the late 1980s, which is reflected in the directive on voluntary nutrition information that was published in 1990 and a Codex standard for nutrition information adopted in 1985. Increased rates of obesity throughout the developed world, and also amongst some developing countries as GDP increased, added urgency to these calls for better information.

Worldwide, the prevalence of obesity nearly doubled between 1980 and 2008. More than half of all men and women in the World Health Organization (WHO) European Region are overweight, and about a quarter of women (23%) and 20% of men are obese.⁶ Based on latest estimates in EU MS, being overweight affects 30–70% and obesity affects 10–30% of adults. The number of overweight infants and children in the WHO European Region has risen steadily since 1990, meaning more than two-thirds of children who are overweight before puberty will be overweight in early adulthood. Childhood obesity is associated strongly with risk factors for cardiovascular disease, type 2 diabetes, orthopaedic problems, mental health disorders, underachievement in school and lower self-esteem.⁶ Recommendations for managing and reducing obesity emphasise the need for cooperation amongst different actors not just individuals and, in addition to increased levels of physical activity, information about foods is key to consumers adopting a healthier diet.⁷

Nutritional poverty or poor diet, where energy intake is in excess overall and the proportions of nutrients imbalanced, particularly with respect to high intakes of saturated fat, salt and sugar and insufficient consumption of fruit, vegetables and fibre, is a risk factor for weight gain and obesity. One way of addressing this is to provide information about the amounts of fat, salt and sugar in foods. However, this information is not always clear (e.g. intended portion size) and those at greatest risk of nutritional poverty have limited access to healthier foods (i.e. local food businesses are predominantly fast food retailers). Also, understanding public health information, supporting application nutrition information, is highly variable. Thus, some EU MS governments have encouraged manufacturers and retailers to provide interpretations around the nutrition declaration (e.g. traffic light indicators) or nutrition facts (e.g. dietary reference values and guidelines⁸) to help consumers identify and control intakes of foods high in fat, salt and sugar. However, interpretations are difficult (good or bad for whom, e.g. full fat milk – recommended for children but not adults), and some manufacturers and retailers have felt unfairly singled out for criticism, particularly those making or selling products high in sugar, salt or fat (e.g. chocolate). Of course, it is precisely these products that consumers need to cut down on or eliminate if they are to have a healthy diet and control their weight.

Formats of nutrition declarations and nutrition facts have their origins in the Codex standard. Some EU MS governments have considered front-of-pack labelling, health markers or other ratings helpful for consumers to interpret information in the nutrition declaration. The very need for these and the plethora of information around interpretation, as well as the public debate of experts around their relative value, demonstrates the complexity of nutrition declarations and nutrition facts for the general public.

1.3 Codex Alimentarius

The genesis of the requirement for mandatory nutrition labelling are guidelines for nutrition labelling under the auspices of the General Standard for the Labelling of Prepacked Foods produced by the Codex Alimentarius Commission. Codex was established by the World Health Organization (WHO) and the Food and Agriculture Organization (FAO) of the United Nations (UN) to develop international food standards for the protection of consumer health and to ensure fair practices in the food trade. The General Standard for Labelling of Prepackaged Foods (CODEX STAN 1-1985)⁹ was amongst the first Codex standards to be adopted, together with other general Codex texts (e.g. hygiene, contaminants, pesticide residues, food additives), and forms an important pillar of the Codex food standards system.

CODEX STAN 1-1985 was revised and enlarged extensively in 1991 and there have been numerous amendments and additions since then. These changes have ensured the Standard meets the needs of modern consumers. As with all texts of this nature, there is some interpretation around the text and guidelines have been produced to help promote consistency. For nutrition information, guidelines were produced initially, following the introduction of the CODEX STAN 1-1985, but implementation has been left to national governments. The implication is that food information should be provided if a government feels the issue is a concern, e.g. food hygiene/safety.

CODEX STAN 1-1985 gives a background to the provision of nutrition information and introduced priority nutrients as well as supplementary nutrients that might be given. FIC (1169/2011/EC²) nutrients correspond exactly to these, and CODEX STAN 1-1985 guidelines also allow for a certain amount of tolerance around figures on the label for enforcement, which allows for seasonal and production variations. The guidelines also specify nutrients that should be together on the label along with appropriate wording for each. In most nutrition labelling schemes, there are five nutrients of public health interest, i.e. energy, fat, carbohydrate, salt and protein. Some national governments or regional legislation have refined further the categories of fat (saturated, polyunsaturated and monounsaturated) and carbohydrates (sugars). There are also supplemental nutrients that may be included (e.g. fibre) or nutrients (e.g. vitamins) that must be included if a claim is made.

Within Codex, there are a couple of issues that have not been resolved, specifically trans fats and interpretive nutrition labelling, which have been left with national governments to address as they see fit. Codex guidelines allow for interpretive labelling, but they are complex and difficult to unders...

Table of contents

• Cover
• Title
• Copyright
• Preface
• Contents
• Chapter 1 European Food Information Regulations: Recent Developments
• Chapter 2 Impact of Health Claims Regulations on the Food Industry and Future Innovation Potential
• Chapter 3 Supporting the European Food Industry to Meet Nutrient Labelling Regulations
• Chapter 4 Health Claims Regulation: Opportunities and Challenges in Europe
• Chapter 5 Use of Nutrition and Health Claims and Symbols on Prepacked Foods in Europe: From Consumer Exposure to Public Health Implications
• Chapter 6 Measuring the Effects of Health Claims and Symbols: The CLYMBOL Methodological Toolbox
• Chapter 7 Food Allergen Labelling Regulation
• Chapter 8 The Impact of “Labelling” on the Beliefs, Attitudes and Behaviours of Consumers with Food Allergy: A Multilevel Perspective
• Chapter 9 Food Labelling Practices in North America: Canada and the USA
• Chapter 10 Supporting Food Health Claims in New Zealand's Regulatory Environment
• Chapter 11 Latin American Food Labelling: Review and Recent Developments
• Subject Index