Food advertising issues are primarily the remit of the Department of Health and Children/FSAI. However, my Department has encouraged the food industry to provide more nutritional information.
Regulations on nutrition and health claims in force in July 2007 (Reg 1924/06) cover claims on foods marketed in the EU, food supplements, foods for particular nutritional uses. Under Article 13 of the Regulation, Member States were responsible for providing the European Commission with national lists of health claims based on scientific evidence of effectiveness, together with conditions of use applying to them by 31 January 2008.
The European Food Safety Authority (EFSA) will assess submissions from all Member States and the European Commission will adopt a final list of permitted health claims by 31st January 2010. The claims on the Community list will be the only health claims allowed on food products from 31st January 2010 onwards.
There are 316 claims on the Irish national list of health claims. All claims submitted via the FSAI submission process will be forwarded to the Commission. However, it is important to note that the claims on the National list have not been endorsed or approved in any way by the FSAI. Until adoption of the Community list, businesses must ensure that they comply with current legislation.
On 11 January 2008, the European Council agreed an amendment to the EU Regulation 1924/2006 on Nutrition and Health Claims made on Foods to introduce a transition period for health claims referring to children's development and health. The key requirement is that food business operators with claims related to children's development and health which have been on the market before 19 January 2007 must submit an immediate application pursuant to the Regulation to the FSAI.
The main aim is to allow consumers to make informed food choices, by ensuring that they receive accurate information and are not misled. Claims for health benefits will have to be adequately substantiated by scientific evidence. Food business operators are responsible for ensuring that claims they make on food labelling, presentation and advertising are authorised.
The Department has reservations about a simplistic traffic lights system, as it would allocate a red traffic light to dairy products such as cheese, of high nutritional value and where there is insufficient intake by children and teenagers, but a green traffic light to diet soft drinks.
The larger food companies have worked in the UK and Ireland on voluntary declaration of Guideline Daily Amounts (GDAs) for 5 categories — calories, sugar, fats, saturated fats and salt. A recent IBEC survey based on an average shopping basket of goods (CSO) showed increased use of GDAs.