H.S. Guide A-Z 2021 - Réglementation References : A report published by the French Direc- is the future of regulation 1924/2006 and Hodgkins C et al (2019), torate General for Competition, Consumer whether it has really met the expectations Understanding How Affairs and Fraud Enforcement (DGCCRF) of legislators and consumers as well as Consumers Categorise Health Related Claims in 2018 shows that foods with health those of the food industry. on Foods: A Consumer- claims have a 21% non-compliance rate Derived Typology of Health-Related Claims. for specialized dietary/organic products Building on this experience to Nutrients, 11,539; promote food health innovation doi:10.3390/nu11030539 in more than 200 establishments audited Lenssen K, Bast A in 2016. At the same time, they observed As the opinion is final, and the success & de Boer A (2018), Clarifying the health claima gradual improvement in compliance on rate remains low, many petitioners are assessment procedure 95 audited websites selling dietary supple- hesitant to put together a health claim of EFSA will benefit functional food innovation.ments in 2017, but the average non-com- dossier on truly innovative products, or Journal of Functional Foods, 47: p386-396 pliance rate remains very strong at 76%. withdraw their files following discussions Règlement (CE) No This shows that some food manufacturers with the panel (clarification stage) and 1924/2006 du Parlement Européen et du Conseil do not comply with the 1924/2006 regu- before the final expertise. As a result, it is du 20 décembre 2006 concernant les allégationslation, and this is all the more evident for often observed that formulation innovation nutritionnelles et de santéfood supplements sold online, some of is done by supplementing ingredients with portant sur les denrées alimentaires (2006), which even present therapeutic messages, a generic health claim rather than seeking https://eur-lex.europa.eu/ LexUriServ/LexUriServ.do which are strictly forbidden in Europe. to put forward a complex formula or inno- ?uri=OJ:L:2007:012:0003: Consumer surveys also show a distrust vative ingredients. Our ambition, through 0018:FR:PDF of health messages conveyed by the this study and the creation of our data- industry, which they consider unreliable. base, is to show that there are lessons Similarly, the heterogeneity in the analysis to be learned from these fifteen years of of files by the NDA panel and the high study and that it is still possible to inno- rate of negative opinions also do not faci- vate. litate the confidence of the food industry The database therefore allowed us, at first, 036 to invest in the development of functional to do a complex analysis of the published foods. Therefore, it is possible to ask what dossiers. It was also and above all desi- gned to identify the best solutions for a product or a claim through filters by ingre- ABSTRACT dient, function or claim title. It allows pro- ducers of ingredients to list the autho- The aim of the European Regulation 1924/2006 rized applications of their molecules and was to protect consumers from abusive the conditions of use, in order to better messages about the benefits they could receive advise their customers. It also allows pro- from the consumption of certain foods or dietary ducers of dietary supplements or func- supplements. The high failure rate of cases tional foods to optimize their formulations submitted to the European Food Safety Agency to guarantee their consumers a beneficial (EFSA) has had the effect of discouraging the effect on health. food industry and putting a brake on health innovation. We created a database from the In addition to the usual “ingredient-func- various documents available on EFSA and tion” pairs, it is also possible to use this European Union websites. It is constructed database to break the scientific locks and according to the main steps in the analysis identify clinical studies that will be able to of the files leading up to the publication of support these new health claims in niches the EFSA panel’s opinions. An analysis of that are still under-developed and there- this database allowed us to define profiles fore have a more interesting economic both on the pitfalls encountered during the growth potential. ■ assembly of the scientific dossier and on the most frequent associations of the “ingredient- Flore Dépeint, Maxime Pérot, Thomas function” couple. This wealth of information Haizet, Julie Branchu, Hassan Younes can help to reboot innovation by learning from the successes and mistakes of petitioners. Pôle d’Activité en Nutrition, Alimen- tation et Santé Humaine (PANASH), ULR7519 Transformations & Agro- ressources, Institut Polytechnique UniLaSalle – Université d’Artois ■ / A - Z Ingrédients Santé 2021 / Hors-Série / L’Actualité des Ingrédients Fonctionnels & Santé