The European Parliament has reportedly vetoed a European Commission (EC)
proposal that would have permitted reformulated food products to display
“percent less” claims pertaining to their fat, salt and sugar contents. According
to a February 2, 2012, press release, the rejected changes to Annex of EC Regulation 1924/2006 “would have allowed, for example, a ‘15% less sugar’
claim, which would be based on a previous formulation of the same product,”
as well as a “No added salt/sodium” claim.

The 393 members of Parliament (MEPs) who voted against the proposal
apparently argued that products with such claims “could misleadingly appear
healthier” than those with labels indicating a reduced level of sugar, salt or
fat. Under current EU legislation, a reduced nutrient claim “may only be made
where the reduction in content is at least 30% compared to a similar product,
except . . . for sodium, or the equivalent value for salt, where a 25 % difference
shall be acceptable.”

Meanwhile, the veto has already drawn criticism from industry groups such as
the U.K. Food and Drink Federation, which described Parliament’s decision as
a “missed opportunity” to encourage product reformulation. As the federation’s
director of food safety and science, Barbara Gallani, elaborated, “Today’s
result is a blow for consumers and industry alike. ‘X% less’ and ‘no added salt’
claims would have supported the food industry’s drive to gradually reformulate
products, even where technically challenging, by making consumers
readily aware of health improvements in their favorite products.” See UK Food
and Drink Federal Press Release, February 2, 2012.

About The Author

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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