Dr David Jukes, The University of Reading, UK

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Food Law News - EU - 2017

Commission Consultation, 20 February 2017

DIETARY FOODS - Specific rules concerning food replacing the whole daily diet for weight reduction purposes

The Commission has published a draft regulation for consultation with the following title:

The following is the first part of the EXPLANATORY MEMORANDUM of the proposal:


Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control1 repeals Directive 2009/39/EC of the European Parliament and of the Council of 6 May 2009 on foodstuffs intended for particular nutritional uses2 from 20 July 2016. Article 11 of the Regulation empowers the European Commission to adopt, amongst others delegated act laying down specific compositional and information requirements for total diet replacement for weight control.

Recital 27 of the Regulation requires the Commission to take into account, when adopting such rules, Commission Directive 1996/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction3.

In accordance with Article 20(4) of the Regulation the existing Commission Directive 1996/8/EC will be repealed from the date of application of the delegated act adopted by the Commission.

This delegated Regulation updates the existing rules of Commission Directive 96/8/EC regarding total diet replacement for weight control with an energy content between 3 360 kJ (800kcal) and 5 040kJ (1200kcal) and lays down specific rules on total diet replacement with an energy content fewer than 3 360kJ (800kcal) on the basis of consultations described in point 2.

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