01.02.12
European trade association EHPM has hailed an ombudsman decision that a complaint it submitted against the implementation of the article 13 health claims evaluations is admissible for further investigation. EHPM, which filed the complaint in September 2011, said the decision was confirmation of the admissibility of the complaint that the assessment of article 13.1 claims is not in accordance with the requirements of the EU Nutrition and Health Claims Regulation. The organization filed the complaint on the premise that the European Commission and the European Food Safety Authority (EFSA) had consistently ignored the regulation’s requirement for a different type of assessment for article 13.1 claims as compared to article 13.5 and article 14 claims (referring to the reduction of disease risk and children’s development and health).
Instead, the same type of assessment has been used for both types of claims, which EHPM believes compromises the regulation’s intended proportionality and undermines its aims of achieving a high level of consumer protection, increased legal security for food companies, fair competition and the promotion and protection of innovation. “We hope the outcome of this investigation will confirm the article 13 claims evaluation should include an assessment of the totality of the evidence, the provision of clear indications on the extent or degree to which the food-health relationship is substantiated rather than the current yes/no opinions, and will lead to the use of accepted scientific methodologies for assessing strength, consistency and plausibility of the evidence,” said Peter van Doorn, EHPM chairman. The complaint will now undergo a full investigation by the ombudsman.
Instead, the same type of assessment has been used for both types of claims, which EHPM believes compromises the regulation’s intended proportionality and undermines its aims of achieving a high level of consumer protection, increased legal security for food companies, fair competition and the promotion and protection of innovation. “We hope the outcome of this investigation will confirm the article 13 claims evaluation should include an assessment of the totality of the evidence, the provision of clear indications on the extent or degree to which the food-health relationship is substantiated rather than the current yes/no opinions, and will lead to the use of accepted scientific methodologies for assessing strength, consistency and plausibility of the evidence,” said Peter van Doorn, EHPM chairman. The complaint will now undergo a full investigation by the ombudsman.