Evaluation of the regulation on nutrition and health claims by the European Commission: botanical claims

On May 20, 2020, the European Commission completed the evaluation of the regulation on nutrition and health claims, announced in its Better law communication of May 19, 2015
With regard to the plant allegations, the Commission notes the following:
• The European Commission considers that the Allegation regulation has not fulfilled its objectives, as consumers continue to be exposed to claims which have not been scientifically assessed (see pending claims).
• It recognizes the distortion of competition existing between traditional herbal medicines which can be based on tradition and foods for which this is not possible. However, it takes over from the fears of the pharmaceutical industry “The pharmaceutical industry maintains that it faces higher production and regulatory costs than food business operators who produce food supplements containing the same substances plants and to which similar health claims may relate “.
• The Commission considers that the safety of herbal products deserves further examination.
• The Commission recognizes that it is inconsistent to have harmonization of the rules governing claims, while the lists of plants are processed at national level. It recognizes that lack of harmonization weighs on businesses and limits innovation and intra-EU trade.
• She believes that the drug / food classification should remain in the national domain but opens the door to a European list of plants, positive or negative, for use in food.

For more information, you can consult the report of the working group of the European Commission.

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