The European Consumers’ Organisation
Ref.: JMU/VTH/LPA/2006090/rsa
27 April 2006
Trialogue discussion on Nutrition and Health Claims
Dear Deputy Ambassador,
We understand that tomorrow COREPER will meet to prepare the Council’s position for the forthcoming
trialogue meeting on 3 May on nutrition and health claims on food.
Two key issues under consideration are nutritional profiles (article 4) and prior authorisation for new,
previously unproven health and nutrition claims. In both cases, the Commission proposal and the
Common Position differ from the First Reading Opinion of the European Parliament.
On Article 4 we think that the Council and Commission were right and that the Parliament is wrong.
Therefore we hope that you will not compromise on this point. If the Council and Commission maintain a
firm united front on this point you will win the argument. Any sign of weakness or willingness to
compromise on your part will be exploited to your disadvantage.
Apparently some member states are now considering a compromise to allow nutritional (but not health)
claims in certain circumstances, even if the food contains high levels of a nutrient such as fat, sugar or
salt. We would strongly urge you not to agree to any such compromise, but to stick to the Common
Position. Whilst the compromise which the Council is considering may not be as bad as the text adopted
by the EP Environment Committee on 21 March, it would still lead to misleading nutritional claims being
allowed on foods containing high levels of fat, sugar or salt. Any kind of “disclosure” amendment to
Article 4 would seriously weaken the level of consumer protection and we oppose it. Please see
enclosed an illustration of what such amendments would mean in practice.
Most consumers want to follow a healthy diet yet they rely on marketing claims when choosing what
food to buy. Consumers see claims as a quick and trustworthy way to identify healthy foods. Current
claims are not a good guide to healthy choices. Too often they stress only one aspect of a product -
claiming it is a ‘source of calcium’, for example, but not mentioning the high levels of fat, sugar or salt
the food also contains. Consumers often base their decisions on incomplete information or
misunderstand the information they are given.
It is hard to overestimate the gravity of the problem of diet related diseases. Some weeks ago the US
Surgeon General described obesity as a greater threat than terrorism! Strict regulation of health and
nutrition claims will not of itself solve the problem but is a necessary element of a much wider strategy.
…/…
B E U C - Bureau Européen des Unions de Consommateurs - The European Consumers’ Organisation
Avenue de Tervueren 36, bte 4, B-1040 Bruxelles, Tel: (32-2) 743 15 90, Fax: (32-2) 740.28.02- [email protected]