La disciplina europea sulle indicazioni nutrizionali e sulla salute: dieci anni di applicazione controversa

The article analyses the main problems of interpretation and application of Regulation (EC) No 1924/2006 on nutrition and health claims on foods. In particular, after having briefly described what claims are allowed in the EU market, the author highlights critical profiles that emerged during the legislative procedure and the compromise solutions that were adopted regarding trade marks which may be construed as nutrition and health claims and so-called generic descriptors, as well as functional health claims not included in the Union list. Then, the author focuses on specific issues currently under evaluation by the European Commission, i.e. the overly strict application of the rule on scientific substantiation of functional health claims and the usefulness of setting specific nutrient profiles ten years after the Regulation came into force.