Nutrition & health claims in the European Union: A regulatory overview

Lactobacilli: Legal Regulation and Prospects for New Generation Drugs

The global probiotics industry has been undergoing major changes in recent years. Approaches to finding and creating new probiotics, as well as a paradigm of their use in food, medicine, and pharmacology are changing. The catalyst proved to be the increasing popularity and availability of omics technologies, in particular, metagenomic studies of human and animal microbiomes. However, the efficiency and safety of drugs based on probiotic strains, as well as their marketing rates, largely depend on the levels of legal and technical regulation in the field. The present review discusses the aspects of legal regulation in Russia, the European Union and the United States, along with the advantages and disadvantages of probiotics and postbiotics. A consensus is emerging that postbiotics have a number of advantages over classical live probiotic cultures. The review also focuses on the lactobacilli family, which includes the largest number of probiotic strains studied so far and still holds a leading position among probiotics. On the legislative front, Russia is often ahead of its time with adopting such laws as the Federal Law No. 492-FZ on biosecurity, which defined the concept of human and animal microbiota and set forth legislative guidelines for its preservation. The new field of research referred to as microbiome nutrigenomics aims to achieve this goal.

The Impact of Time on Nutrition and Health Claims on the Irish Marketplace

Since the implementation of Regulation (EC) No 1924/2006 on nutrition and health claims (NHCR) made on food, only 261 health claims have been authorised, suggesting that the regulation creates challenges for the food industry. This study looks at the prevalence of nutrition and health claims labelled on food on the Irish market. Specifically, we compared their prevalence in 2009 with those present on the marketplace in 2022. Food labels of defined food categories were examined in three nationwide supermarkets in Ireland, and data of claims made on these labels were collected. A series of statistical analyses was conducted to compare the results from 2021 with those of 2009. In 2021, around half of the examined products (52.8%) displayed at least one nutrition claim, showing no significant difference with the data collected in 2009 (53.5%). Individual categories, however, did exhibit changes between the two time points. The prevalence of health claims on food has decreased from 21.6% in 2009 to 10.5% in 2021. There will always be a time lag between when a regulation is enacted and what its true impact can be measured. This study provides these data for the impact of time on EU Regulation 1924/2006 on the Irish market.

Multi-stakeholder perspectives on food labeling and health claims: Qualitative insights from South Africa

Globally, the role of food labels in reducing non-communicable disease remains a point of debate. A particular area of contention is the use of health claims, an approach currently under consideration in South Africa - a developing country with vast socio-economic disparity. In the present study, in-depth interviews were conducted with 49 diverse stakeholders, including consumers and professionals from the food industry and other occupations, who shared their views about the use of health claims in a developing country context. The qualitative approach and inclusion of multiple perspectives that had not been motivated by a single stakeholder group added a novel view. Themes identified based on inductive analysis included: (i) practical barriers to label use; (ii) contextual and personal variables influencing engagement with label information; (iii) messaging preferences (for positively worded claims, compared to more cautionary statements); (iv) stakeholder complexities - mainly related to responsibility and trust; and (v) ambassadors to change. Findings indicate that there are persistent barriers to label use, such as challenges related to literacy and legibility. Furthermore, the socio-economic circumstances prevalent in South Africa drive large volumes of food sales in informal markets where labels are often not present. Unresolved questions about the substantiation and enforcement of health claims, combined with no solution being apparent for reaching consumers in the informal market, would limit the benefits that could be associated with the implementation of health claims at this point in time.

Fifteen Years of Regulating Nutrition and Health Claims in Europe: The Past, the Present and the Future

Suggestions that a food contains healthy ingredients or that it can provide beneficial effects upon consumption have been regulated in the EU since 2006. This paper describes the analysis of how this nutrition and health claim regulation has resulted in over 300 authorised claims and how the authorisation requirements and processes have affected the use of claims on foods. Five challenges are identified that negatively affect the current legislation dealing with nutrition and health claims: non-reviewed botanical claims (as well as on hold claims for infants and young children), the lack of nutrient profiles and the focus of claims on single ingredients, consumer understanding, research into health effects of nutrition and finally, enforcement. These challenges are shown to influence the goals of the regulation: protecting consumers from false and misleading claims and stimulating the development of a level playing field in the EU, to foster innovation. Tackling these political and scientific substantiation questions for health claims, together with continuously analysing the understanding and usage of claims by consumers and operators will ensure that the NHCR will stay effective, today and in the future.

Do consumers understand health claims on extra-virgin olive oil?

Health claims have been introduced in food labelling to support consumers' awareness of healthy food choices and to enhance a healthy diet. Even though many countries around the world have developed legislation and guidelines to regulate the introduction of health claims on food labels, there is the evidence that many consumers do not understand the meaning of these claims. This study analyses whether Italian consumers really understand authorized health claims on extra-virgin olive oil and what are the drivers of such understanding. An Olive Oil Health Claims Understanding index was constructed and embedded in a structured questionnaire, which was then administered to a representative sample of Italian household members who are responsible for food shopping (N = 1,030). Results from the survey showed that only 36% of the respondents understood the meaning of the authorized health claims on extra-virgin olive oil. Moreover, the findings confirmed that the understanding of health claims is related to socio-demographic, personal and psychographic characteristics of consumers, as well as to their attitudes toward using food as medicine. Outcomes also proved the central role of nutrition knowledge in affecting understanding of health claims.

Effects of Fruit and Vegetable-Based Nutraceutical on Cognitive Function in a Healthy Population: Placebo-Controlled, Double-Blind, and Randomized Clinical Trial

There is scientific evidence of the positive effect of polyphenols from plant foods on cognition, but not enough is known about the synergistic effect when multiple polyphenols are consumed and even less in a healthy non-elderly population. The aim of the present study is to investigate the possible effects of improvements in cognitive function in healthy people as a preparation based on micronized fruit and vegetables consumed. One hundred and eight subjects were selected, stratified by sex in the control intervention group (n = 53) and placebo (n = 55). Volunteers completed the study after two 16-week periods of consumption with a 4-week wash period between each phase. At the beginning and the end of each phase, volunteers performed the Stroop, TESEN, and RIST tests for the measurement of different cognitive function patterns. The results revealed statistically significant differences in all the variables of the tests carried out, especially compared with the placebo. Specially, the results obtained in the Stroop and TESEN test, in addition to the processing speed even with semantic interferences, were markedly better after the treatment with the product under study. Moreover, the consumption of the product under study clearly improves short-term memory, verbal and non-verbal, according to the results obtained in the RIST test. The results showed an improvement in executive function in terms of short-term memory, working memory, selective and sustained attention, and speed of processing.

Optimization of athletic pasta formulation by D-optimal mixture design

The aim of this study was to produce an athletic pasta by the addition of various sources of protein. For this purpose, D-optimal mixture design used for optimization of formulation of athletic pasta and protein with considering the hardness as main parameter. Various properties of the optimized formulation were evaluated. The optimal formulation contained 45.41% of semolina, 24% of pea protein isolate (PPI), 18% of oat flour (OF), 5% of soy protein isolate (SPI), 5% whey protein isolate (WPI), and 2% of gluten (G). In optimized formulation, the protein content increased by more than 2.9 times compared to control with the hardness in the range (569 g). Hardness, optimal cooking time, and cooking loss of products increased as the level of protein increased. The optimal formulation had a higher sensory acceptance than the control, which is probably related to color changes. Due to the amount and biological value of the proteins used and the high acceptance obtained, this formulation can be suggested for athletes. The obtained results indicated that production of athletic pasta with high biological value by using mixture of SPI, PPI, WPI, OF, and G is possible.

Cognitive Function and Consumption of Fruit and Vegetable Polyphenols in a Young Population: Is There a Relationship?

Scientific evidence has shown the relationship between consumption of fruits and vegetables and their polyphenols with the prevention or treatment of diseases. The aim of this review was to find out whether the same relationship exists between fruits and vegetables and cognitive function, especially memory, in a young population. The mechanisms by which polyphenols of fruits and vegetables can exert cognitive benefits were also evaluated. These compounds act to improve neuronal plasticity through the protein CREB (Camp Response Element Binding) in the hippocampus, modulating pathways of signaling and transcription factors (ERK/Akt). In the same way, brain-derived neurotrophic factor (BDNF) is implicated in the maintenance, survival, growth, and differentiation of neurons. All these effects are produced by an increase of cerebral blood flow and an increase of the blood’s nitric oxide levels and oxygenation.

Health Claims and Methodological Controversy in Nutrition Science

This article analyzes the debate about data acquisition and assessment in health claims regulation by identifying the underlying controversies on methodological choice. Regulation in the European Union imposes the need for a scientific substantiation of all health claims (claims about a relationship between consumption of certain food ingredients and positive health effects). Randomized controlled trials (RCTs) are the method that generally is considered to provide the highest quality data for decision making in claims regulation because they allow for establishing cause-effect relationships. The latter are demanded in European regulatory practice for authorization of a claim. This requirement has contributed to a debate about the advantages and limitations of the RCT methodology in nutrition research and regulation. Our analysis identifies five types of tensions that underlie the controversy, with respect to evidence, cognitive values, standards of proof, future lines of research, as well as expert judgment. We conclude that there is a direct and mutual interaction between methodological decisions in nutrition science, and different strategies in health claims regulation. The latter have social and public health consequences because not only may they affect the European market for functional foods, as well as concomitant consumption patterns, but also the generation of future regulation-relevant evidence in nutrition.

Health and nutrition content claims on websites advertising infant formula available in Australia: A content analysis

The use of health and nutrition content claims in infant formula advertising is restricted by many governments in response to WHO policies and WHA resolutions. The purpose of this study was to determine whether such prohibited claims could be observed in Australian websites that advertise infant formula products. A comprehensive internet search was conducted to identify websites that advertise infant formula available for purchase in Australia. Content analysis was used to identify prohibited claims. The coding frame was closely aligned with the provisions of the Australian and New Zealand Food Standard Code, which prohibits these claims. The outcome measures were the presence of health claims, nutrition content claims, or references to the nutritional content of human milk. Web pages advertising 25 unique infant formula products available for purchase in Australia were identified. Every advertisement (100%) contained at least one health claim. Eighteen (72%) also contained at least one nutrition content claim. Three web pages (12%) advertising brands associated with infant formula products referenced the nutritional content of human milk. All of these claims appear in spite of national regulations prohibiting them indicating a failure of monitoring and/or enforcement. Where countries have enacted instruments to prohibit health and other claims in infant formula advertising, the marketing of infant formula must be actively monitored to be effective.

Reviewing the Nutrition and Health Claims Regulation (EC) No. 1924/2006: What do we know about its challenges and potential impact on innovation?

Health claims potentially represent an opportunity for firms to engage in product differentiation and thereby induce investment into R&D and innovation in the food sector. The Nutrition and Health Claims Regulation (EC) No. 1924/2006 (NHCR) aims at protecting and promoting innovation as one of its objectives. However, existing studies indicate that this regulation may create several challenges for innovation in the food sector. To this end, we review the challenges related to the NHCR (Article 13.1) and its impact on innovation. Extant literature suggests that companies face challenges related to changing list of ingredients, missing transparency, wording of claims, limited financial resources, limited R&D resources, switching product categories and abandoning the functional foods sector. Moreover, current studies imply that so far the NHCR (in specific Article 13.1) does not seem to encourage innovation in the EU food sector.

Exploring the Nutrition and Health Claims Regulation (EC) No. 1924/2006: What is the impact on innovation in the EU food sector?

Literature suggests that despite its positive aim of promoting innovation, the Nutrition and Health Claims Regulation (EC) No. 1924/2006 (NHCR) may bring along several compliance challenges, which might affect innovation in the EU food sector. This study investigates the challenges faced by companies to comply with the NHCR (specifically Article 13.1) and their impact on innovation. To this end, we conducted an online survey with 105 companies involved in the EU food sector. Results indicate that companies perceive wording of claims, missing transparency and limited financial resources as major challenges to comply with the NHCR (Article 13.1). Companies reported not to have increased their R&D expenditure or innovation activities after the NHCR (Article 13.1) was implemented. Thus, this study highlights specific compliance challenges related to the NHCR (Article 13.1) and indicates that currently, the regulation does not seem to have fostered innovation in the EU food sector.

Nutrition and health claims as marketing tools

European regulations mandate that only substantiated and approved statements can be used as nutrition- and health-related claims in food marketing. A thorough understanding of consumer perceptions of these approved claims is needed to assess their impact on both the purchase intention of functional foods and the development of innovative functional food concepts. In this paper, a conceptual framework on the European consumers' perception of nutrition and health claims on these functional foods is proposed. Through a literature review, common independent variables are structured, and an analysis of these variables shows that nutrition and health claims are mostly only perceived positive by specific target consumers (who need the product, accept the ingredient, understand the benefit, and trust the brand). These consumers indicate that the products with substantiated and approved claims help them in reaching overall health goals. This increased expectation in functional efficacy may mediate an increase in repurchase intent, overall liking, and the amount consumers are willing to spend. Other consumers, however, may have adverse reactions towards nutrition and health claims on functional foods. Implications for the consumer and the industry are discussed.

Health claims on food products in Southeast Asia: regulatory frameworks, barriers, and opportunities

The Association of Southeast Asian Nations aims to act as a single market and allow free movement of goods, services, and manpower. The purpose of this article is to present an overview of the current regulatory framework for health claims in Southeast Asia and to highlight the current barriers and opportunities in the regulatory frameworks in the Association of Southeast Asian Nations. To date, 5 countries in Southeast Asia, i.e., Indonesia, Malaysia, the Philippines, Singapore, and Thailand, have regulations and guidelines to permit the use of health claims on food products. There are inconsistencies in the regulations and the types of evidence required for health claim applications in these countries. A clear understanding of the regulatory frameworks in these countries may help to increase trade in this fast-growing region and to provide direction for the food industry and the regulatory community to develop and market food products with better nutritional quality tailored to the needs of Southeast Asian consumers.

Food safety and nutritional quality for the prevention of non communicable diseases: the Nutrient, hazard Analysis and Critical Control Point process (NACCP)

Background

The important role of food and nutrition in public health is being increasingly recognized as crucial for its potential impact on health-related quality of life and the economy, both at the societal and individual levels. The prevalence of non-communicable diseases calls for a reformulation of our view of food. The Hazard Analysis and Critical Control Point (HACCP) system, first implemented in the EU with the Directive 43/93/CEE, later replaced by Regulation CE 178/2002 and Regulation CE 852/2004, is the internationally agreed approach for food safety control. Our aim is to develop a new procedure for the assessment of the Nutrient, hazard Analysis and Critical Control Point (NACCP) process, for total quality management (TMQ), and optimize nutritional levels.

Methods

NACCP was based on four general principles: i) guarantee of health maintenance; ii) evaluate and assure the nutritional quality of food and TMQ; iii) give correct information to the consumers; iv) ensure an ethical profit. There are three stages for the application of the NACCP process: 1) application of NACCP for quality principles; 2) application of NACCP for health principals; 3) implementation of the NACCP process. The actions are: 1) identification of nutritional markers, which must remain intact throughout the food supply chain; 2) identification of critical control points which must monitored in order to minimize the likelihood of a reduction in quality; 3) establishment of critical limits to maintain adequate levels of nutrient; 4) establishment, and implementation of effective monitoring procedures of critical control points; 5) establishment of corrective actions; 6) identification of metabolic biomarkers; 7) evaluation of the effects of food intake, through the application of specific clinical trials; 8) establishment of procedures for consumer information; 9) implementation of the Health claim Regulation EU 1924/2006; 10) starting a training program.

Results and discussion

We calculate the risk assessment as follows: Risk (R) = probability (P) × damage (D). The NACCP process considers the entire food supply chain “from farm to consumer”; in each point of the chain it is necessary implement a tight monitoring in order to guarantee optimal nutritional quality.

Stakeholders' perception of the nutrition and health claim regulation

In 2007, the Nutrition and Health Claim Regulation (NHCR) entered into force, which required scientific substantiation of health claims. In the field of antioxidants, most proposed claims were negatively assessed by the European Food Safety Authority (EFSA). This study reviews the perception of the NHCR of 14 Dutch stakeholders to unravel the grounds for disproving the putative health claims. Most claims are shown to be refused based on the quality of scientific substantiation, due to usage of scientific methods on which no consensus has been reached and the differences in expectations and requirements. Three themes exemplify the need for improvement in applying the NHCR: (i) enforcement; (ii) methodology; and (iii) perceived impact of the NHCR. With highly diverging perceptions of stakeholders, the current effectiveness of the NHCR can be questioned. The views of different stakeholders on these themes help to focus the discussion on the NCHR in capturing health effects.

Establishing a case for improved food phenolic analysis

Future phenolic research findings using a multidisciplinary approach will ensure profitability and sustainability of specialty crop industries, while also improving the nutritional and economic choices available to increasingly health- and environmentally conscious consumers. Recent examples of phenolics used in commercial and research scenarios, and new phenolic research discoveries are discussed. Despite being a heavily researched topic, there remains a need to identify, develop, and define analyses targeted for specific quality-related plant metabolites.

Food Analysis: Present, Future, and Foodomics

This paper presents a revision on the instrumental analytical techniques and methods used in food analysis together with their main applications in food science research. The present paper includes a brief historical perspective on food analysis, together with a deep revision on the current state of the art of modern analytical instruments, methodologies, and applications in food analysis with a special emphasis on the works published on this topic in the last three years (2009–2011). The article also discusses the present and future challenges in food analysis, the application of “omics” in food analysis (including epigenomics, genomics, transcriptomics, proteomics, and metabolomics), and provides an overview on the new discipline of Foodomics.