New indicative list for botanicals

For a provider of dietary supplements or other health products it can often be difficult to assess what can or cannot be said about the effect of the product offered. If it contains herbal preparations (botanicals) this is even more complex. EFSA and the European Commission are still not out on the proper assessment of the scientific evidence for the health effects of botanicals. As a (for 11 years now !) "temporary" solution the botanical claims can be used in combination with an "on hold-disclaimer".

With the indicative list of sample claims, the Inspection Board is trying to give suppliers of products with botanicals a helping hand. The list contains various categories with a rough estimate of what may and may not be claimed. In recent years there has been much criticism of the indicative list, which would allow for much stronger claims than are possible for food supplements or health products without botanicals. The Inspection Board has therefore decided to make the list more stringent, in line with the Claims Regulation. As of March 15, 2021, a new indicative list applies with a transition period that runs until July 1, 2021.

In the new indicative list the Inspection Board has strengthened the difference between the formulations "good for X" (mostly allowed) and "for a good/healthy X" (mostly wrong). The latter wording should not be used because it suggests that a botanical can restore a bad/unhealthy state of the body to a good/healthy state. Specifically, this means that one can say "Botanical X is good for normal stomach function" but one cannot claim "Botanical X is for a good stomach function". Also, the use of verbs such as "improve" and "stimulate" is often wrong; these verbs quickly claim a greater health effect than is allowed. The sample formulations on the list are all very precise, so use the list for what it is intended: (only) as a (first) indication.

Lisanne Steenbergen