The European Food Safety Authority’s (EFSA’s) Panel on Dietetic Products,
Nutrition and Allergies (NDA) has apparently concluded that scientific
evidence supports an Article 13.5 health claim related to cocoa flavanols and
normal blood flow. Submitted by chocolate manufacturer Barry Callebaut
AG under Regulation (EC) No 1924/2006, the health claim application cited
several human intervention studies that evidently showed “a cause and effect
relationship” “between the consumption of cocoa flavanols and maintenance
of normal endothelium-dependent vasodilation.” In particular, NDA noted
that a person in the general population could obtain the claimed effect by
consuming 200 milligrams of cocoa flavanols daily through either 2.5 grams
(g) of high-flavanol cocoa powder or 10 g of high-flavanol dark chocolate,
“both of which can be consumed in the context of a balanced diet.”

The panel has thus approved the following wording as reflective of the
scientific evidence: “Cocoa flavanols help maintain endothelium-dependent
vasodilation, which contributes to normal blood flow.” If approved by the
European Commission, the new health claim can be used by the chocolate
maker in the European Union for the next five years. See The Wall Street
Journal, July 17, 2012.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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