The European Union (EU) continues to enforce stringent regulations on the use of the term ‘probiotic’ in product labelling and marketing. According to EU law, specifically Regulation (EC) No 1924/2006, any health claim must be substantiated by robust scientific evidence. The European Food Safety Authority (EFSA) has determined that the term ‘probiotic’ implies a health benefit, which, to date, lacks sufficient scientific validation. Consequently, the use of ‘probiotic’ on product packaging is considered an unauthorised health claim within the EU.
In response to these restrictions, the International Probiotics Association (IPA) Europe filed a complaint with the European Commission, arguing that ‘probiotic’ should be classified as a nutrition claim rather than a health claim. They contended that the term merely describes a product’s content without implying specific health benefits. However, the European Ombudsman upheld the Commission’s stance, reaffirming that ‘probiotic’ suggests a health relationship that is not currently supported by conclusive scientific evidence.
This regulatory position has led to inconsistencies across EU member states. Notably, ten countries have developed their own guidelines permitting the use of ‘probiotic’ on products, creating a fragmented regulatory landscape. The Ombudsman acknowledged these discrepancies but indicated that such national practises might not align with overarching EU regulations.
Industry stakeholders, including IPA Europe, have expressed concerns that the current EU guidelines, which are non-binding, may no longer reflect the latest scientific developments. They advocate for a revision of these guidelines to establish a harmonised framework that balances consumer protection with industry innovation.
In summary, while the term ‘probiotic’ remains restricted under EU law due to insufficient scientific substantiation of its health benefits, ongoing discussions highlight the need for potential regulatory updates. As the debate continues, it is crucial for food industry stakeholders to stay informed about regulatory changes and ensure compliance with current standards.
For guidance on achieving food safety certification and navigating these complex regulations, please contact a project manager at PJRFSL at [email protected].
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