Category Archives Europe

The U.K. Advertising Standards Authority (ASA) has declined to uphold five complaints alleging that a TV commercial for Weetabix Ltd.’s Weetos breakfast cereal promoted “poor nutritional habits and an unhealthy lifestyle in children, because… it encouraged excessive consumption.” According to ASA, the ad in question showed a child eating Weetos for breakfast and later in the day as a snack, with the product’s tagline stating “FOR BREAKFAST AND BEYOND.” Rebutting the allegations, Weetabix reportedly said that “the ad was lighthearted but did not encourage excessive consumption” or poor nutritional habits, especially since the cereal advertised was “not a high fat, salt or sugar (HFSS) product as defined by the Food Standards Agency.” The company also argued that the portions shown in the commercial were consistent with marketing conventions and standards, as well as research indicating that consumers often ate Weetos for snacks and meals other than breakfast. “[Weetabix] considered that…

The U.K. Food Standards Agency (FSA) has published its “Forward Evidence Plan for 2013,” outlining its “priority science and evidence activities for the coming year.” Although subject to budgetary confirmation, the plan seeks to alert stakeholders to new and ongoing activities as well as identify additional research areas and sources of funding in support of FSA’s Strategic Plan 2010- 2015, which the agency last updated in January 2013. In particular, FSA has prioritized activities related to (i) “microbiological food safety, including campylobacter, E. coli, listeria and norovirus”; (ii)”food and feed hygiene policy”; (iii) “chemical safety of food, including metals and organic contaminants”; (iv) “the next round of the FSA strategic challenge cal”; and (v) “diet and health related work funded by the FSA in Scotland and Northern Ireland.” The agency has requested feedback on the plan by February 15, 2013. See FSA Press Release, January 31, 2013.

Dutch social and political science professors have presented a case study on marketing a functional food in the European Union (EU) to demonstrate that nontextual marketing, which the European Food Safety Authority (EFSA) is apparently ill-equipped to regulate, plays a larger role in consumer purchasing decisions than textual product messages. Herman Lelieveldt and Cris Boonen, “EU Health Claims Regulation and the Marketing of Functional Foods: A Regulatory Void?,” 3 European Journal of Risk Regulation 577 (2012). They considered a marketing campaign for Optimel Control®, a yogurt drink first launched in the Netherlands in 2007 with great success but later withdrawn after expansion to other countries due to insufficient sales volume. It contained an ingredient that EFSA ruled in 2011 was not effective to control or manage weight. According to the study, the textual health claims constituted “a relatively small element in conveying the ‘stay in control’ message of Optimel Control.” Those claims,…

The U.K. Food Standards Agency (FSA) will reportedly prosecute a department store for installing raw-milk vending machines at its flagship London location. According to a January 23, 2013, FSA press release, the agency has sought charges against Selfridges Retail Limited as “a person other than the occupier of a production holding or distributor” under Regulation 32 and Schedule 6 Paragraph (2)(1) of the Food Hygiene (England) Regulations. FSA has also included the farmer who supplied the milk as “an occupier of a production holding” under Regulation 32 and Schedule 6(2)(2). Westminster Magistrates Court has set the hearing date for February 6, 2013. The vending machines reportedly came to FSA’s attention in 2011, when the agency initiated an investigation of the retailer and demanded that the unpasteurized milk products carry a warning label. Under current regulations, farmers in England, Wales and Northern Ireland can sell raw cow’s milk directly to consumers…

The Food Safety Authority of Ireland (FSAI) has published the results of an investigation “examining the authenticity of a number of beef burger, beef meal and salami products available from retail outlets in Ireland.” According to a January 15, 2013, FSAI press release, the agency’s study revealed “the presence of horse DNA in some beef burger products,” raising concerns about “the traceability of meat ingredients and products entering the food chain.” After testing for horse and pig DNA in 27 beef burger products, investigators evidently reported that 10 (37 percent) of the samples contained horse DNA and 23 (85 percent) contained pig DNA. The study also found that all 19 salami samples and 21 of 31 beef meal products contained pig DNA, though none of these items contained horse DNA. In addition, notes FSAI, “[t]races of horse DNA were also detected in batches of raw ingredients, including some imported from…

According to a news source, the United Kingdom’s Community Trade Mark Office has determined that the shape of a KitKat® bar, which Nestlé registered as a community trademark in 2006, is valid, thus barring any other confectioners from selling products with a similar shape in the European Union. Nestlé competitor Cadbury makes a similar product and sought to invalidate the mark shortly after it was registered, claiming that the trait was too general to be protected. Cadbury is reportedly considering whether to appeal the ruling. See Huffington Post, January 3, 2013.

The European Food Safety Authority (EFSA) has launched a public consultation on its “first full risk assessment” of the artificial sweetener aspartame. According to a January 8, 2013, news release, EFSA’s Scientific Panel on Food Additive and Nutrient Sources Added to Food (ANS Panel) has issued a draft scientific opinion on the safety of aspartame that entailed “an in-depth review of peer-reviewed scientific and other literature on aspartame and its breakdown products, including new human studies.” Based on this information, the ANS Panel has concluded that aspartame and its breakdown products “pose no toxicity concern for consumers at current levels of exposure. The current Acceptable Daily Intake (ADI) is considered to be safe for the general population and consumer exposure to aspartame is below this ADI.” “The ANS Panel’s draft opinion has benefitted from the latest scientific thinking and methodological approaches,” concludes EFSA, which has requested comments on the draft…

A Mexican lawmaker has proposed a 50 percent tax on chewing gum. According to news sources, Institutional Revolutionary Party Deputy Juan Manuel Diez Francos claims such a tax could fund efforts to clean up the gum discarded in various public venues. Mexico is apparently the second largest consumer of gum behind the United States—citizens chew an average of 2.5 pieces daily. A similar proposal is currently being sought in Northern Ireland for the same reasons. See VOXXI, November 28, 2012.

The U.K. Advertising Standards Authority (ASA) has upheld three challenges to marketing claims made by Santa Monica, California-based Neurobrands LLC about its line of “Neuro” beverages. Lodged in August 2011 before Commission Regulation (EU) No. 432/21012 established a list of permitted health claims for foods, the complainants argued that the claims appearing on Neurobrands’ website and posters were misleading, unsubstantiated and “misleadingly implied that a widespread vitamin D deficiency in women existed and that the product NeuroSun could treat that deficiency.” Upholding the three complaints, ASA barred the advertisements and advised Neurobrands “to seek advice before making future health and nutritional claims for foods, given the transitional period following the Regulations coming into force.” According to ASA, Neurobrands defended the “mental performance” claim for its NeuroSonic beverage by citing the European Food Safety Authority’s (EFSA’s) “positive opinions” for caffeine and vitamin B12 with regard to “mental functions,” while noting that…

The European Food Safety Authority (EFSA) has published an inventory of its activities on bees and bee health as part of a forthcoming report to the European Commission’s Directorate-General for Research and Innovation. Spurred by a worldwide decline in the bee population, the agency created a task force with expertise in pesticides, animal health and welfare, genetically modified organisms (GMOs), and plant health “to provide risk managers with comprehensive advice in the area of bee health.” In compiling the inventory, the task force identified 355 bee-related scientific outputs that EFSA has already published or developed, with the majority of these outputs involving applications for regulatory products such as pesticides and GMOs. “With its mandate to improve EU food safety and to ensure a high level of consumer protection, EFSA has a responsibility to protect bees and the ecosystem services they provide to humans,” stated the agency in a November 20,…

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