EU Commission has notified on 10 November 2011, under the ruling of WTO-TBT, the draft Commission Regulation relating to conditions for claims on reformulated foods and modifications of conditions of use of nutrition claims already permitted by Regulation (EC) No 1924/2006.

Accordingly to Article 8(1) of Regulation (EC) No 1924/2006, nutrition claims made on foods are only permitted if they are listed in the Annex to that Regulation, which also sets out the conditions of use of such claims.

Firstly, the new Commission Regulation will lay down requirements for "NOW CONTAINS X % LESS [ENERGY, SODIUM/SALT, FAT, SATURATED FAT OR SUGARS]" claim, which may be used on reformulated foodstuffs.  Food reformulation entails changing the recipe of a food product to make it healthier and more cost effective. This is achieved by reducing salt, sugar and fat and including fibres and vegetables. Product reformulation is one of tools mentioned in the context of the EU Platform for Action on Diet, Physical Activity and Health approved by the European Parliament resolution of 25 September 2008 on the White Paper on nutrition, overweight and obesity- related health issues (click here) .

Reformulated foodstuffs, which provide a reduction in content is at least 15 % for energy, fat, saturated fat, salt/sodium or sugars will be permitted to bear the claim "now contains X % less [energy, fat, saturated fat, sodium/salt and/or sugars]" or any claim likely to have the same meaning for the consumer. In this case, the claim must be followed by a statement indicating the content of the nutrient or energy for which the claim is made, prior to reformulation, expressed per 100 g or 100 ml. A claim may be used for a maximum of one year following the placing on the market of the reformulated product. Specific rules are addressed to satured fats and sugars.

The claim "now contains X % less of saturated fat", and any claim likely to have the same meaning for the consumer, must meet specific requirements: firstly, the sum of saturated fatty acids and of trans fatty acids in the product bearing the claim must be at least 15% less than the sum of saturated fatty acids and of trans fatty acids in the original product prior to the reduction; and, secondly, the content in trans fatty acids in the product bearing the claim is equal to or less than in the original product.

Also the claim "now contains X % less of sugars", and any claim likely to have the same meaning for the consumer, must comply with ad hoc requirements: this claims will be allowed only if the amount of energy of the product bearing the claim is equal to or less than the amount of energy in the original product."

The second novelty relates to “NO ADDED SODIUM / SALT” claim, meaning that sodium/salt has not been added to a food and any claim likely to have the same meaning for the consumer will only be made where the product does not contain any added sodium/salt or any other ingredient containing added sodium/salt and the product contains no more than 0,12 g sodium, or the equivalent value for salt, per 100 g or 100 ml.

Thirdly, the draft Commission Regulation will amend conditions of use of nutrition claims already permitted by Regulation (EC) No 1924/2006, as “REDUCED [NAME OF THE NUTRIENT]”. Conditions for the use of such a claim will change accordingly to the draft regulation. Additionally to the current requirements (reduction in content is at least 30 % compared to a similar product, but exceptions for micronutrients and sodium are provided for)  new rules will permit the use of this claim only: (a) if the sum of saturated fatty acids and of trans fatty acids in the product bearing the claim is at least 30 % less than the sum of saturated fatty acids and of trans fatty acids in a similar product; and (b) if the content in trans fatty acids in the product bearing the claim is equal to or less than in a similar product.

Special provision is addressed to the claim "reduced sugars", and any claim likely to have the same meaning for the consumer, which will only be made if the amount of energy of the product bearing the claim is equal to or less than the amount of energy in a similar product.

Final date for comments from other WTO member States is 2 February 2012. Once expired this timeframe, the final text will be given the green light and the amending Regulation will be published and enter into force on the twentieth day following that of its publication. In any case, the enforcement will start 18 months after this date. In any case, products that have been placed on the market and labelled before the end of this period may continue to be sold until stocks are exhausted.