Advertising Ban Violates the Law of the European Union

The so called “nutrient profiles” are still under discussion (in the versions of an undated draft and a draft of 17.3.2009 at the latest concerning a Commission Regulation (EC) “establishing nutrient profiles provided for in Article 4(1) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council” 1). The author is assuming that the advertising ban that the use of nutrient profiles entails is not consistent with Art. 11 of the European Charter of Fundamental Rights, read in conjunction with Art. 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and in this respect violates the law of the European Union.

In the European Union (EU), botanicals have a long tradition of use for their health effects. Their medicinal use has evolved more recently. Medicinal products containing botanicals can be registered as traditional herbal medicinal products in the EU if bibliographical or expert evidence is available that the product has been in medicinal use throughout a period of at least 30 years. For food use however, the effects observed must be proven under the new health claims rules. The substantiation required relies mainly on the availability of randomised controlled trials. Evidence from traditional use is not considered. This is bound to lead to the loss of an important heritage. The consideration of traditional evidence from various sources is a valid scientific discipline. This paper is aimed at providing a framework for data collection in support of traditional use for botanicals. It provides guidance on how traditional use can be incorporated into the totality of the evidence and can be used as a basis for the assessment leading to the acceptance of health effects for botanicals.

The novel food regulation, (EC) 258/97, requires that any novel food must undergo a safety assessment and authorisation before it can be legally placed on the market in the European Union (EU). The regulation is broad ranging and applies to any food, or food ingredient that has not been on the EU market to a significant degree prior to 15 May 1997, the date the regulation entered into force.

The growing attention placed on food safety as a public concern relates to a background of food safety issues that arise one after another. Besides, with the passage of food safty issues along the worldwide food trade and food production chain, food safety has inevitably become a global issue. Therefore, a joint effort is required in order to ensure food safety regulation. In this case, the priority is evidently to formulate a unified definition of food safety since it is forms the foundation for further harmonization in the food domain. To this end, it should be noted that on the one hand, the food safety issues are quite negative as regards consumer confidence in the food industry and food regulatory agencies; nevertheless, on the other hand, it can still help us to understand how the appreciation of food safety develops and how the corresponding food safety legislation is drafted. This paper therefore aims to first explain how the evolution of food safety issues gives rise to a changing appreciation of food safety and then points out its valuable significance to the common appreciation, legal requirements and regulatory approaches towards food safety.