FSA Interested Party Letter (CPD/118), 6 August 2009
The UK tabled a paper for an exchange of views on how claims such as 'easy to digest', 'for a settled baby', 'gentle for sensitive tummies', 'gentle on your baby's tummy', currently made on pack on infant formula in the UK are controlled by EU legislation. The purpose of this discussion was to ensure that a harmonised interpretation with regard to health claims on infant formula is taken across the EU.
The Committee, including the European Commission, essentially agreed the interpretation of the law in relation to these claims as they are references to general, non-specific benefits of nutrients or food for overall good health or health-related well being which may only be used if accompanied by a permitted specific health claim as listed in Annex IV of the Directive 2006/141/EC. In addition, the Committee also agreed that trademarks construed as nutrition or health claims may only be used if accompanied by a related nutrition or health claim which complies with the Annex IV of Directive 2006/141/EC.
The minutes of the meeting can be found at http://ec.europa.eu/food/committees/regulatory/scfcah/general_food/sum_22062009_en.pdf.