Focus on the French and Italian regulations on food supplements: Analysis of the specificities (Part 2)

Oct 07, 2021
Sébastien Bouley

Besides the presence of the common views listed in Part 1, it is also possible to identify certain elements that are specific to, and characteristic of, each country.

A major element of specificity of the Italian regulation is the great importance accorded to properly communicating to consumers the properties of product ingredients. The Italian reference text on food supplements even mentions such indications as compulsory (within the limits of the normative framework), a provision that is not present in European nor in French texts. On this foundation lies a series of claims on physiological effects that may be attributed to botanicals, probiotics, prebiotics and other substances; as such statements do not meet the definition of health claims, they do not need to be preventively approved at the European level.

In particular, the use of a claim on the physiological effects of probiotics has been authorized in Italy since the setting of the first national guidelines on the matter, which also sets for the term probiotic to be allowed for use on food supplements meeting certain requirements. In France, for the time being the use of the term is not allowed; however, a statement indicating it as a non-specific health claim was recently withdrawn from the French authority’s website .

Speaking of French authorities, one aspect that characterizes them is their willingness to cooperate with the industry in order to find mutual understandings on crucial issues, as has happened with the creation of the lists on permitted essential oils and their conditions of use.

Last but not least, what can be said about the approach of the two countries on permitted food supplement ingredients?

Both France and Italy identify three macro-categories of active ingredients: vitamins and minerals, plants and plant-based preparations (botanicals), and “other substances” with a physiological or nutritional effect.

The list of vitamins and minerals that can be added to food supplements is common across the European Union, but conditions of use as maximum daily doses or additional labelling requirements differ between countries, including Italy and France.

Regarding botanicals, a common ground between the two countries had been set by their collaboration in elaborating the Belfrit list, which, however, ended up being used differently by each involved party. Italian authorities established a reference list of authorized plants, with a broad understanding of the term as it also includes algae; a separate list is available on authorised fungi. French authorities, on the other hand, created separated lists for plants, algae, lichens, and plants whose essential oils can be used. The list contents differ between the two nations.

Finally, each of the two countries possesses a non-exhaustive national reference list on other substances with nutritional or physiological effects (French and Italian lists).

In conclusion, Italy and France do have a somewhat similar approach to food supplements. Nevertheless, this does not imply that their regulations are perfectly overlapping, as a number of distinctive elements can be identified. Further developments may still occur.

Orchidali can help you evaluating the most suitable approach for each country.