The European Commission has adopted a list of 222 EU approved health claims for use on foods, which are permitted for use in commercial communications to consumers. A number of other claims remain 'on hold' and will be the subject of further consideration.
Regulation 432 / 2012 (establishing the list of approved health claims) was published in the Official Journal on May 25, 2012 and came into effect on June 14, 2012. The list itself will come into effect six months later, on December 14, 2012. This means that food business operators in the European Union have between now and then to remove any of the claims which have been rejected by the Commission from any packaging, labeling and marketing materials attached to their products.
In July 2012 a trade association representing health food manufacturers, along with a number of UK and Dutch companies, challenged the Regulation in the European courts. They claim that by keeping certain claims on hold for further consideration, the Commission's actions lack transparency, are discriminatory and are not in accordance with good administration. They are also challenging the assessment criteria used to develop the list which they claim failed to ensure adequate collaboration with national food authorities lacks legal certainty and fails to satisfy the duty to give reasons. view more