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Appendix VII. Proposed Draft Recommendations for the Use of Health Claims[21] (at Step 3 of the Procedure)

Health claims [should/must] [be consistent with/not conflict with] national health policy [including nutrition policy] and support such policies. Only health claims that support national health policy should be allowed. Claims of the type described in Section 3.4 of the Codex General Guidelines on Claims are prohibited


Definitions

2.2 Health claim means any claim establishing a relation between a food or a constituent of that food and health,[ whether it is good health or a condition related to health [or disease]].

or

Health claim means any claim which suggests that a food or a constituent of that food has an impact on health.

Two types of claims can be distinguished:

2.2.1 Enhanced Function Claims - These claims concern specific beneficial effects of the consumption of foods and their constituents on physiological, [or psychological] functions or biological activities but do not include nutrient function claims. Such claims relate to a positive contribution to health or to a condition linked to health or to the improvement of a function or to modifying or preserving health.

2.2.2 Reduction of Disease Risk Claims - Claims for reduction of disease risk related to the consumption of a food or food constituent in the context of the total daily diet that might help reduce the risk of a specific disease or condition.

Risk reduction means significantly altering a major risk factor or factors recognized to be involved in the development of a chronic disease or adverse health-related condition. Helping to reduce risk does not constitute "prevention" as is meant in Section 3.4 of the General Guidelines on Claims (CAC/GL 1-1997, Rev 1-1991).

7. Health Claims

7.1 Health claims should be permitted provided that the following conditions are met:

7.1.1 The claim must be truthful and not misleading.

7.1.2 The claim should be made in the context of the total diet.

7.1.3 The claim about a food or a food constituent should be valid in the context of normal consumption.

7.1.4 The health claims must be [consistent with/not in conflict with] the national public health policies, including, if need be, the nutritional policies, and must support such policies. Only the health claims that support national public health policies should be permitted.

7.1.5 The food should be a type of food which can reasonably be claimed to make a significant overall contribution to a healthy diet.

7.1.6 The following information should appear on the label or labelling of the food:

7.1.6.1 a statement of the quantity of any functional substance if appropriate;
7.1.6.2 information on the target group, if appropriate;
7.1.6.3 information on how to use the food to obtain the claimed benefit
7.1.6.4 advice to vulnerable groups on how to use the food, if appropriate
7.1.6.5 maximum safe intake of the food where necessary
7.2 Enhanced Function Claims should be permitted provided that the following additional conditions are met:
7.2.1 The claim is based on scientific substantiation satisfying the requirements of the competent authorities of the country where the product is sold.

7.2.2 The claim does not make reference to any pathology. [References to symptoms or to physiological conditions slightly disturbed can be admitted (for example: indigestion, irregularity)].

7.2.3 If the claimed effect is attributed to a substance in the food, the food in question should contain that substance in an amount appropriate to the claim.

7.2.4 The claim does not make reference to an effect on the prevention, treatment or the cure of a disease, nor does it evoke such an effect.

7.3 Reduction of Disease Risk Claims should be permitted provided that the following additional conditions are met:
7.3.1 The competent authority of the country where the product is sold has recognized that the relationship between the reduction of the risk of particular disease and the consumption of a specific food or foods or a specific constituent of a food is based on a [sufficient scientific consensus]. Failing such recognition, this relationship must be demonstrated on the basis of clear scientific evidence and in accordance with the requirements of the authorities of the country where the product is sold, in order not to mislead the consumer.

7.3.2 Where a claim is made for a constituent of a food, the food should be:

(i) a significant source of the constituent in the case where increased consumption is recommended; or,

(ii) "low" in or "free" of the constituent in the case where reduced consumption is recommended.

7.3.3 [The claim should not be made if the consumption of the food would result in the intake of a constituent in an amount that would increase the risk of a disease or health-related condition.]

7.3.4 The claim does not make reference to an effect on the treatment or the cure of a disease, nor does it evoke such an effect.


[21] This text will ultimately be incorporated into the Guidelines on Use of Nutrition Claims, in which it was initially included. The sections will be re-numbered appropriately before they are incorporated into the Guidelines.

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