65) The Committee recalled that the 27th Session of CCFL decided to establish a Working Group to facilitate consideration of this matter. In March 2000, to prepare for the Working Group meeting, the comments received on the Proposed Draft Recommendations (Appendix VII, ALINORM 99/22A) were considered by a small drafting group composed of Canada, France, the United Kingdom, and the United States. The result was the text used for discussion by the Working Group, which met immediately prior to the 28th Session and further revised the text.
66) The Chairperson of the Working Group, Dr M. Cheney (Canada) presented the revised text (CRD 34) to the Committee and explained several discussion points considered by the Working Group such as: 1) the Working Group reached a general agreement on the boxed preamble and the definition of ‘health claims’; 2) “Nutrient Function Claim” was removed from nutrition claims and included under health claims; and 3) “Reduction of Disease Risk Claims” and the provisions in Section 7 required further discussion. Dr. Cheney indicated that current work should lead to the amendment to the existing Codex Guidelines for Use of Nutrition Claims. Many delegations and observer organizations expressed their appreciation to the work of the Working Group.
67) Several delegations and observer organizations expressed their concern on health claims, as it would greatly mislead and confuse the consumer on their relevance, especially if provided without appropriate consumer education programmes. The Delegation of India and several delegations and observers stated that they did not support, in particular, the development of international standards for health claims as the situations surrounding health claims differ significantly from country to country. The Delegation of Malaysia proposed that the Committee request the Committee on Nutrition and Foods for Special Dietary Uses to discuss the revised Proposed Draft and to establish the scientific basis for the health claims defined in the revised text (CRD 34). The Observer from ICGMA pointed out that national health policies (referred to in the boxed Preamble) should be consistent with international trade obligations.
68) Regarding the definition of Enhanced Function Claims (Section 2.2.2), several delegations stated that the concept of this claim was vague and proposed to enclose the entire section in square brackets. As a part of section 2.2.2. was in square brackets, the Delegation of the United States proposed that the examples should also be presented in square brackets, and the Committee agreed with this proposal. Many delegations expressed the view that the Reduction of Disease Risk Claim (Section 2.2.3) would need further deliberation on its relationship with prevention claims, as well as on the provision that required the presentation of the claims in two parts.
69) Many delegations and observers stressed the importance of Section 7 - Health Claims and requested careful consideration of each subsection. The Observer from IACFO urged that health claims be supported by scientific consensus and recommended that a working group fully consider issues relating to consumer perception, enforcement and related matters. Regarding Section 7.1, conditions for health claims, further clarification and discussion were sought on the concepts/words such as “scientific substantiation”, “generally acceptable scientific data” (Section 7.1.1). It was also proposed to consider the concept of ‘significant scientific agreement’ in order to substantiate health claims. Further clarification was also needed on the reference to “reasonable quantity” (Section 7.1.4), or “significant and high source” (Section 7.1.5).
70) In Section 7.3, a question was raised concerning the definition of “a valid method to quantify the food constituent that forms the basis of the claim”. It was suggested by the Delegation of Hungary that valid methods should be those endorsed by the Codex Committee on Method of Analysis and Sampling. As for Section 7.4, clarification was sought as to who would monitor the impact of health claims and how this would be done.
71) Regarding Section 7.5, information that should appear on the label, further clarification and consideration were sought on: 1) the responsible party to check the accuracy and appropriateness of the labelling; 2) the need for the reference to the Codex Guidelines on Nutrition Labelling (Section 7.5.1); 3) the need for consistency with the standards developed by the CCNFSDU with regard to “target groups”; and 4) the possibility to consolidate the provisions concerning the maximum safety intake and related matters in Sections 7.2, 7.5.3, and 7.5.5.
72) The Committee noted the importance of the discussion on the issue of health claims and its progress, recognising the importance of the subject for public health, the confusion prevailing among consumers, and the need for immediate action to ensure consumer protection.
Status of the Proposed Draft Recommendations on the Use of Health Claims (Proposed Draft Guidelines for Use of Health and Nutrition Claims)
73) The Committee agreed to return the Proposed Draft Recommendations, as presented in CRD 34, to Step 3 for further comments and consideration (see Appendix VIII) and that a Working Group chaired by the Delegation of Canada would meet immediately prior to the next session. It also agreed that the Proposed Draft Recommendations should be incorporated into the Guidelines for Use of Nutrition Claims, and subsequently the title should be changed to “Guidelines for Use of Health and Nutrition Claims”.
