Nutrition and health claims in Europe: oils & fats related claims, regulatory and labeling challenges

Abstract

In the European Union, fats and oils in foods are regulated by laws mainly set at the Union level. EU rules on nutrition and health claims are particularly relevant for some fatty acids. Contrary to structure-function claims in the US, in the EU, such claims have to be authorized before use; in the case of omega-3, along with a nutrition claim, a remarkable number of health claims have been authorised based on the essentiality of such fatty acids. Claims related to environmental, social or ethical concerns are not regulated in detail at the EU level. While claims are voluntary information, mandatory rules on labelling also apply to fatty acids, and sometimes create challenges for food businesses. Another piece of legislation, the novel food regulation, is important for new sources of oils and fats. Its scope includes determining the novel food status of foods, and, if required, submitting an application in order to obtain authorisation. Several sources of fatty acids have been authorized as novel foods. Benefits of a novel food application include legal certainty and protection of data, while costs and particularly the length of the process are the main barriers. An assessment of novel food status should also concern new technologies, such as new delivery mechanisms. While several provisions of EU law concern oils and fats, a 2019 regulation not only imposes a 2 g limit (per 100 g of fat) for trans fats not naturally occurring in animal fats, but also creates an obligation to transfer information in the supply chain.