Claims for health properties

"CLAIM FOR HEALTH PROPERTIES" is any claim that confirms, suggests or gives to understand that there is a relationship between a category of food, a food or one of its components, and health.

Claims under article 13.1

These are those that describe or refer to:

• The function of a nutrient or other substance in growth, development and bodily functions, or
• psychological and behavioural functions, or  
• not affecting Directive 96/8/CE, slimming, weight control, reduction in the feeling of hunger, increase in satiety, or reduction of energy yield in the diet;

Procedures for authorising this type of claim are as follows:

a) EU list of claims under article 13.1

Following the provisions of article 13.1 of Regulation No 1924/2006, the Commission passed the project of listing health claims under article 13.1 to the European Food Safety Authority (EFSA) to assess the scientific basis of the applications.

The project of listing health claims under article 13.1 was drawn up by the Commission based on lists sent in by Member States, in compliance with article 13.2 of the Regulation.

EFSA's opinion will serve as the basis for the European Commission and the Member States to adopt an EU list of health claims under article 13.1 of the Regulation, therefore, neither the current project of a list of health claims under article 13.1 of the Regulation, nor opinions being published on the EFSA web page will hold any legal validity.

To access the project of a list of health claims under article 13.1 of the Regulation, also scientific references provided, the opinions and other related information that is being published by EFSA, go to the EFSA web page, or directly via the links below:

EFSA: Article 13

• Opinions from EFSA

b) Claims under article 13.5

These are applications to add claims to the EU list of health claims under article 13.1., given in article 13.3 of the Regulation, which are based on scientific proof obtained recently and/or includes an application for data protection subject to industrial copyright, which will be adopted in the procedure laid down in article 18.

Thus, the panel on diet products, nutrition and allergies at EFSA assesses the scientific basis underpinning the applications for health claims, and issues a scientific opinion describing the conclusions reached from the assessment.

These opinions will form the base for the European Commission and Member States in the following steps, which are the possible authorisation or rejection of the health claims.

Currently, EFSA has issued the following scientific opinions, which can be consulted on EFSA's web page, or by direct access from the links below, classed according to the date of the last publication:

• Opinions from EFSA claims applications article 13.5

In addition, regulation on the various authorisations or rejections for applications for health claims under article 13.1 can be consulted on the Official Journal of the European Union web page, or by direct access from the links below, classed according to the date of the last publication:

• Regulations and Decisions of the Commission concerning claims under article 13.5

Claims under article 14

These are authorised in accordance with the procedure laid down in articles 15, 16 17 and 19 of the Regulation, and are classed by declaration:

a) Relating to the reduction of the risk factor of a disease, is any claim for health properties that confirm, suggest or give to understand that by consuming a class of food, a food or one of it components, there is a significant reduction in the risk factor of a human disease appearing.

b) Relating to the health and development of children

In these cases, the new panel on diet, nutrition and allergy products at EFSA assesses the scientific basis for the applications, issues an opinion used as a base by the European Commission and Member States for the following steps, which are to authorise or reject the applications.

Currently, EFSA has issued the following scientific opinions, which can be consulted on EFSA's web page, or by direct access from the links below, classed according to the date of the last publication:

• EFSA's opinions on the development and health of children (Art. 14.a)
• EFSA's opinions on the development and health of children(Art. 14.b)

In addition, regulation on the various authorisations or rejections for applications for health claims under article 13.1 can be consulted on the Official Journal of the European Union web page, or by direct access from the links below, classed according to the date of the last publication:

• Regulations of the Commission concerning claims under article 14