44% of non-compliant health claims on food!

Jul 28, 2021
Sébastien Bouley
On June 21, 2021, the DGCCRF communicated the results of its checks aimed at verifying compliance with the European Regulations on health claims in more than 300 establishments. This 2019 study found a non-compliance rate in 44% of cases on average, with a notable difference depending on whether the sale is made via the internet with an anomaly rate of 69% or whether it uses stores with an anomaly rate of 38%.
These figures are higher than in the previous survey carried out in 2016 with an average anomaly rate of 21%. This can be explained by the fact that the 2019 study focused on food products that may claim beneficial health effects such as tea, infusions, chocolates, breakfast cereals, bee products.
The main anomalies observed relate to:
  • the claim of therapeutic effects referring to a disease (for example: “to fight against anemia”; “to be used during a cold”; “used in the treatment of certain dermatoses such as acne, ‘eczema, psoriasis’.), prohibited claims on food products;
  • the use of unauthorized health claims, not included in the positive lists of authorized European claims (for example: “Coconut aids digestion “;” Biotin contributes to the maintenance of normal nails “). Any claim not appearing on the lists is prohibited
  • failure to comply with the authorized wording of the claims, which has the effect of changing the meaning of the authorized claim (for example “vitamin C increases the immune system” instead of the authorized claim “Vitamin C contributes to the normal functioning of the immune system”);
  • the use of a so – called “general” claim not accompanied by an authorized claim (for example the terms “Superfruit” and “Detox”);
  • the use of nutritional claims when the conditions of use in terms of quantity are not respected in the product.
What is surprising is that many operators have declared that they are not aware of the regulations concerning health claims, yet applicable since 2007!
To know more, you can consult the press release from the DGCCRF (in french).
Orchidali can help you understand the European Regulation on nutritional and health claims and verify the correct use of authorized claims in your products.