With Brexit, Great Britain adopted new legislation, and their laws might differ from the European Union laws. Regarding nutrition and health claims, Great Britain adopted those applicable in the EU as of January 2021. After that, we could start observing the first actual differences between what is allowed in Great Britain and the EU.
The regulatory framework in nutrition: timeline
The United Kingdom applied the EU Regulation on nutrition and health claims made on foods until December 31, 2020. The UK adopts a different regulatory framework from that date, which constitutes the end of the transition period. As mentioned, the Great Britain Nutrition and Health Claims Register included the health claims allowed in the EU as of January 1, 2021. From January 2021, it is necessary to submit a new application for the authorisation of new claims. It is essential to point out that the EU Regulation is in place in Northern Ireland as per protocol between Ireland and Northern Ireland.
An example of different nutritional and health claims
After Brexit, when the European Union approves a new nutritional and health claim, the approval is valid in Northern Ireland but not automatically in the United Kingdom.
In April 2021, after Brexit, the European Union authorised the claim “Carbohydrate solutions contribute to the improvement of physical performance during a high-intensity and long-lasting physical exercise in trained adults”. Specifically, this claim is allowed under certain conditions of use, such as in carbohydrate solutions which provide between 30 g and 90 g of carbohydrates (glucose, sucrose, fructose, maltodextrins) per hour.
Process for approval of health claims
Since the EU legislation does not apply in Great Britain anymore, the UK Nutrition and Health Claims Committee (UKNHCC) provides scientific opinions on scientific evidence supporting nutrition and health claim applications in Great Britain. Based on scientific opinions and risk management considerations, the authorities giving effect to a decision are the Secretary of State in England, the Scottish ministers in Scotland, and the Welsh ministers in Wales.
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Anna Karavasili & Simona Varrella
19/08/2022
Obelis Regulatory Department
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References:
HealthClaimsUnpacked. (2021). Differences in EU and UK health claims registers post-Brexit. Retrieved on 19/08/2022.
UK Department of Health & Social Care. (2021). Nutrition and health claims: guidance to compliance with Regulation (EC) 1924/2006. Retrieved on 19/08/2022.