FSA Local Authorities Letter (CPD 046, ENF/E/07/035), 20 June 2007

PARNUTS - Changes to EC and UK legislation relating to foods intended for use in energy restricted diets for weight reduction

I am writing with an update regarding changes to the legislation that controls the types of claims that can be made on foods intended for use in energy-restricted diets for weight reduction (slimming foods).

Currently, the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 (SI 1997/2182) which implement European Directive 96/8/EC prohibit the following types of claims on the labelling, advertising and presentation of such foods:

• the rate or amount of weight loss
• a reduction in the sense of hunger
• an increase in the sense of satiety which may result from the use of such products.

The European Commission has published a new Directive 2007/29/EC which aligns provisions on the use of the hunger and satiety claims in relation to slimming foods with the provisions on the use of these claims which apply to foods for general consumption. The provisions of the latter are outlined in the Regulation of the European Parliament and of the Council on nutrition and health claims made on foods, (EC) No 1924/2006 (OJ L 404, 30.12.2006, p. 9. Regulation as corrected by OJ L 12, 18.1.2007, p. 3).

Directive 2007/29/EC amends current legislation on slimming foods, from 1st July 2007, to prohibit claims on the labelling, advertising and presentation of slimming food relating to the rate or amount of weight loss only. All other claims made on slimming foods will be subject to the provisions of the nutrition and health claims made on foods Regulation.

The Agency intends to implement Directive 2007/29/EC into UK legislation later this year, following a 4 week consultation in July and requests that all Local Authority officers take into account the provisions of the Directive when considering enforcement activities with regard to slimming foods until the UK legislation is updated.