A crucial appeal against the European Union's controversial health claims regulations could put the kibosh on the current drip-feeding of judgments on claims that manufacturers make about their products.

Supplier body the European Federation of Associations of Health Product Manufacturers (EHPM) has lodged a complaint with the European Ombudsman challenging the decision by the European Commission to have the European Food Safety Authority examine health claims in a long-drawn-out batch-by-batch process.

EHPM is calling on the Ombudsman to formally recommend that the Commission wait for EFSA to deliver all of its evaluations on the claims before further steps are taken. It is basing the complaint on the grounds that the current batch-by-batch approach effectively amounts to "maladministration".

"We have been constructive and fair partners throughout the process and have invested many hundreds of hours to try to ensure a fair outcome," said EHPM chairman Peter van Doorn.

"Unfortunately, we feel our concerns have not been seriously considered. We believe the current process is seriously flawed and if the Commission continues with this approach, valid claims that are essential for the food supplement and food ingredient sectors will be wiped out."

EHPM has received the backing of the British Retail Consortium.

"Releasing claims in batches is a problem where a pack might have multiple claims on it," said BRC food policy director Andrew Opie. "Manufacturers need certainty so they can plan labeling changes in one go and know they will not need a review six months later when the next batch comes out."

Read more
How health claims went sour (analysis; 10 July 2010)
It’s not just traffic-light labels making the industry see red (26 June 2010)