The use of words or information that directly or indirectly allows the placement of product in the field of medicines must be avoided. According to the Regulation 1924/2006 of the European Parliament and of the Council, of the 20th of December 2006, on nutrition and health claims made on food, all operators in the European Union are bound by the constraints, requirements and parameters associated with the use of nutritional claims
The purpose of the regulation is to enhance the level of health protection for consumers by providing correct information and more informed food choices, by defining the criteria for claims on labels or in advertising a particular requirement of a food. The claims must be truthful, based on scientific evidence, and must not attribute to food properties such as to prevent, heal and / or cure diseases.
The key innovation brought by the new regulations is that before the operator could move freely within the limits and the prohibition of deception in art. 2 of the Decree. 109 / 92, the new rules established a system of so-called “positive / mandatory” use of such messages, legitimizing its use only under certain conditions.
The claims described in the regulation are essentially divided into 3 groups:
Art. 13
Nutritional and health indications referred to:
The role of a nutrient or other types for the growth, development and functions of the body
Psychological and behavioural functions
Weight loss or weight control or sense of satiety or the reduction of energy from the diet
Art. 13.5
Nutrition and health claims based on newly developed scientific evidence and / or for which one can apply for protection of confidential data. For these health claims, authorization is granted on a case-by-case basis subject to evaluation of the scientific dossier by the EFSA.
Art. 14
Nutrition and health claims referring to the reduction of disease risk and development and health of children. Even for these types of claims, authorization is granted on a case-by-case basis subject to the evaluation of the scientific dossier by the EFSA.