Comments and Correspondence
ICGMA COMMENTS ON DRAFT GUIDELINES FOR THE USE OF HEALTH AND NUTRITION
CLAIMS
May 5, 2004
Mr. Ron Burke, Director
Bureau of Food Regulatory, International and Interagency Affairs
Health Products & Food Branch
Health Canada, Building #7, Room 2395
Tunney’s Pasture, Ottawa K1A 0L2
Canada
Mr. Burke:
The International Council of Grocery Manufacturers Associations
(ICGMA) is pleased to provide the following comments regarding items
to be discussed at the upcoming Codex Committee on Food Labeling
meeting in Montreal, Canada on 10-14 May, 2004.
ICGMA, a recognized international non-governmental organization
before the Codex Alimentarius Commission, represents the interests
of national and regional associations who collaborate with all sectors
of the consumer packaged goods industry. ICGMA promotes the harmonization
of scientific standards and policies concerned with health, safety,
packaging, and labeling of foods, beverages, and other consumer
packaged goods. ICGMA also works to facilitate international trade
in these sectors by eliminating or preventing artificial barriers
to trade.
Draft Guidelines for the Use of Health & Nutrition
Claims (CL2003/28-FL)
1. Advertising is not included in the CCFL terms of reference
and should not be included in the Guidelines.
The CCFL terms of reference related to advertising call for the
Committee to study problems associated with the advertisement of
food with particular reference to claims and misleading descriptions.
The CCFL terms of reference do not include drafting guidelines to
include advertising. Moreover, ICGMA does not believe that inclusion
of advertising in the guidelines meets the criteria of "study"
in the CCFL terms of reference, and therefore does not support its
inclusion. Codex has previously considered and rejected taking up
advertising considerations during the development of the Guidelines.
ICGMA CCFL Comments
May 3, 2004
Page 2 of 3
At is 16th Session, the Codex Alimentarius Commission decided
not to prepare a paper on advertising. This was again confirmed
in the Report of the 37th Session of the Codex Executive Committee. -
In 1991, the Codex Executive Committee (ALINORM 91/3, paras
72-73) agreed that CCFL could proceed with elaboration of Proposed
Draft Guidelines for the Use of Health & Nutrition Claims
in Food Product Labeling, with the understanding that
issues concerning advertising would be limited to discussions
only.
In addition, ICGMA believes that including advertising in the Guidelines
significantly changes the scope of the document without due consideration
of the technical, legal and policy implications. Advertising is
not equivalent to labeling. Moreover, the term has not been defined
by Codex.
Finally, issues raised by product advertising traditionally have
been managed at the national level and ICGMA believes that they
should remain there. While we understand that some countries have
established national guidelines or regulations related to claims
and advertising. Codex is not the forum to oversee or establish
guidance on such a culturally-specific activity.
2. The preamble to health claims should not require the impact
on consumers' eating patterns to be monitored.
ICGMA continues to recommend deletion of the preamble’s recommendation
that “the impact of health claims on consumers’ eating
behaviors and dietary patterns should be monitored.” ICGMA
believes this recommendation is beyond the scope of a labeling standard.
It also is unclear who should be responsible for such monitoring.
3. Factual nutrition and health claims should be permitted
for infants and young children.
ICGMA requests that section 1.4 be deleted. ICGMA believes that
factual nutrient content claim and/or health claims on foods for
infants and young children (e.g., iron-fortified cereals) are very
useful for parents purchasing products for infants and young children.
Furthermore, it is unclear whether this provision would apply to
only those foods specifically manufactured for infants and young
children, (i.e., formula and baby food), or whether it would apply
to all foods that could potentially be consumed by infants and young
children, e.g., ready-to-eat cereals, fruit juices, etc. Disallowing
nutrition and/or health claims on these foods would again deprive
consumers of valuable information regarding the nutrition and health
benefits of these foods.
4. A nutrient function claim should not be defined as a health
claim because it already has been defined as a nutrition claim.
ICGMA CCFL Comments
May 3, 2004
Page 3 of 3
The work approved for CCFL was to develop guidelines for health
claims. "Nutrient Function Claim" had already been defined
as a nutrition claim and is currently included in the Guidelines
for Use of Nutrition Claims, CAC/GL 23-1997. To change information
in existing guidelines would be new work; however, no new work was
approved to amend the Guidelines for the Use of Nutrition Claims.
Accordingly, from a procedural standpoint, the definition cannot
be changed. ICGMA, therefore, requests that all references to nutrient
function claims be removed from the definitions and requirements
of health claims.
5. Information on lifestyle factors, other dietary sources,
or maximum safe intake should not be required on the label.
ICGMA believes the intent of 7.5.3 is unclear and should be omitted.
The term “lifestyle factors” is vague and beyond the
scope of a labeling standard.
Further, ICGMA does not support the requirement to include other
dietary sources on the label when making a health claim. ICGMA supports
labeling that provides consumers with clear, useful, and relevant
information to make an informed choice when purchasing a product.
However, the purpose of the label is to inform consumers about the
product in that particular package, and any required information
for the label should be limited to the specific labeled product.
Further, there are no criteria established to select the foods to
be listed, or how many foods. This requirement is problematic and
impractical.
ICGMA believes the phrase “maximum safe intake” in
7.5.5 is unclear and unnecessary. The intake of food and therefore
the nutrients present in foods is self-limiting. Upper levels for
specific nutrients are already being established in member states.
The quantification of “maximum safe intake” levels would
be difficult; in addition, these levels are likely to confuse consumers
and possibly alarm them if they eat above the level.
Sincerely,
Karil L. Kochenderfer, Secretary
cc: Secretary, Codex Alimentarius Commission
Joint WHO/FAO Food Standards Programme
FAO
Viale delle Terme di Caracalla, 00100
Rome, Italy
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