A botanical? Substantiate the health claim thoroughly

For the time being, so-called botanical products may make a health claim, for example, for a vitamin supplement. This is despite the fact that EFSA has still not assessed the associated scientific files. This is because the outcome of political wrangling over how to assess the evidence for the claim has been awaited for years. But the reins have been tightened!

Until recently, all you had to do when making an advertisement was to check whether the claim was also the subject of a file submitted to EFSA. And, of course, that the conditions of use stated in the file also apply to your product.

That is different now. The Court of Justice recently ruled in the Mezina judgment that every health claim must always be scientifically substantiated. User experience alone is not enough. A single reference to the fact that the claim is on EFSA's so-called 'on hold-list' is no longer enough. At least, if these are all sound scientific reports, it is fine. However, it is possible that some files do not contain enough 'solid' evidence for the claim. What to do? As an advertiser and producer, make sure that you yourself have the evidence for the health claims you want to make in order: add new scientific research and insights to your own product file. This way, you will not be faced with any unpleasant surprises.

And furthermore ... don't forget to add the disclaimer in advertisements: 'This claim has not yet been definitively assessed by EFSA'. You can also choose other words for this message. And fortunately this is also allowed with an asterisk on the back of the packaging.

Ebba Hoogenraad