Is nutritionist health claim ban justified?
In Europe and the UK, health claims on foods go through extraordinary hoops before approval. This can involve a scientific dosser, scrutiny by an independent expert panel, and authorisation by the European Parliament or the UK Secretary of State. Even the wording of claims and conditions of use are determined by the experts.
It's the right thing to do. Consumers need protection from unsubstantiated claims, and it creates a level playing field for honest food businesses. No-one wants to see food products claiming to cure diseases, hasten weight loss or boost immune function. All health claims should be evidence-based, easy to understand and responsibly communicated.
An unfair ban?
But, in a bizarre twist, the 2006 EU Nutrition and Health Claims Regulation (NHCR) which banned all unauthorised health claims also appears to ban healthcare professionals from making authorised health claims in commercial communications. That's how officials in several countries interpret the regulation's Article 12c which prohibits: "claims which make reference to recommendations of individual doctors or health professionals".
This means that an uncontroversial statement like as 'vitamin A contributes to the maintenance of normal vision', approved by the European Food Safety Authority, cannot be uttered by a dietitian or nutritionist on a food business website or social media feed.
No reason was given in the original NHCR, but the official UK guidance says: "the added weight of perceived professional expertise might unduly influence consumers and the objective of the Regulation is that consumers should not be misled in any way".
But not for celebrities
I can see why this would be justified for unauthorised health claims since a nutritionist or medic could add weight to a misleading claim about a food product. But is this 'belt and braces' approach really needed for authorised health claims which, in view of their official approval, are true, not misleading?
If that isn't bad enough, influencers are not similarly constrained. So, while a dietitian working for a dairy company is banned from writing: "calcium is needed for the maintenance of normal bones" on the company website, a paid blogger or celebrity can do this. It seems unfair given that the dietitian is a qualified nutrition professional and bound by strict codes of practice, unlike the celebrity.
Levelling the playing field
In a new paper, published in Nutrition Bulletin, Dr Margaret Ashwell and I are calling for Article 12c to be reviewed to enable dietitians and nutritionists who work for industry, or who own their own food businesses, to be allowed to use authorised health claims in their work.
There are three options as we see it: (1) scrap Article 12c since the existing checks and balances already protect consumers; (2) ban everyone from quoting health claims in commercial communications – perhaps extreme; (3) create fairer guidance which still bans overt recommendations from healthcare professionals but permits them to quote authorised health claims in commercial communications.
As we conclude in our paper: "Amending the NHCR to remove the burden of Article 12c on healthcare professionals or updating GB guidance to apply a narrower interpretation of the wording of Article 12c could ensure that dietitians and nutritionists are free to work as trusted messengers across the food chain, including within commercial settings. Such an action would be consistent with the UK’s better regulation agenda which strives for evidence-based, proportionate regulation for industry".
You can read our paper here: https://doi.org/10.1111/nbu.12616