Effective on December 14, 2012, any claims that are not authorized or under consideration by EFSA will be prohibited. The word probiotic is considered a claim in itself due to the definition "... confer a health benefit on the host" and therefore is also not permitted.
Interpretation of the regulation is not harmonized throughout the EU. Some countries will likely allow content claims, while others may take the view that content claims will be perceived as indirect health claims. DuPont encouraged manufacturers to consult with local authorities before making their own determination for how to represent probiotics on their label.
One option in many countries could be for manufacturers to move to content claim language while DuPont addresses the current dossier with additional clinical studies to support immune and digestive health claims, the company said. Food, beverage and supplement products can continue to contain DuPont™ Danisco probiotics, although health claims are not legally authorised on product labels or other marketing materials. Thus, content claim language could be used as an alternative tool to communicate premium products.