The medicinal effect of …. Coca Cola
Posted: October 1, 2015 Filed under: Authors, Food Comments Off on The medicinal effect of …. Coca Cola
Recent research from the Erasmus medical centre (Netherlands, Rotterdam) suggests that certain medicines might be taken up better by patients when administered with Coca Cola instead of water. In short, the researchers where looking for a way of helping patients who received the medicine erlotinib (Tarceva). The medicine is used to treat lung cancer patients and it is orally administered. Most of the cancer patients also use stomach protection medicines against the side effects of cancer medication. These protection medicines however lower the pH in the stomach and therefore the uptake of erlotinib in the bloodstream was not optimal. Taking the medicine with Coca Cola (which creates a temporary more acid environment in the stomach) gave spectacular results: the levels of uptake in the blood were in the average 40 % and sometimes even 100 % higher. Could Coca Cola therefore be considered to be a medicine?
Food or medicine?
At first sight, this question may seem to be somewhat far-fetched, but in this context it is interesting to know that Coca Cola was invented by a pharmacist. Furthermore, the question whether a product qualifies as a food or as a medicine is not highly theoretical. In fact, there is an important body of EU case law since the 80-ies that deals with exactly this question. This is all the more relevant, as the qualification of a food product as a medicinal product can have drastic consequences for market access. This blogpost will discuss a number of those cases, including vitamin preparations and garlic pills, and address the status of Coca Cola against that background.
Criteria of medicinal products and of food products
According to the Medicinal Products Directive, a medicinal product is:
(a) “any substance or combination of substances presented as having properties for treating or preventing disease in human beings; or
(b) any substance or combination of substances which may be used in or administered to human beings either with a view to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis.”
According to the General Food Law Regulation, a food means “any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans”
Are vitamin preparations medicinal products?
In order to answer this question, the national authorities should properly assess the pharmacological properties (the “function of the product”) and the presentation of the product. In the Van Bennekom case (C-227/82), relating to a Dutch national trading highly concentrated vitamin preparations in the form of tablets, pills and capsules, the European Court of Justice (“EU Court”) elaborately dealt with the presentation criterion. This was also one of the first cases where the EU Court provided a dividing line to be drawn between medicinal products and food products. In short, the EU Court ruled that the form given to the product (pills, capsules) can serve as strong evidence of the intention of the manufacturer or seller to market a medicinal product, but is not conclusive in its own right. However, the concept of presentation with respect to borderline products must be broadly conceived in order to protect consumers. Therefore, a product can qualify as medicinal product if any well-informed consumer, based on the presentation of the product, gains the impression this is actually a medicinal product.
Do Member States differ on the qualification of borderline products?
Yes, they sometimes do. This was clearly demonstrated in the Delattre case (C-369/88). In this case, products that were sold in Belgium as supplements and cosmetics qualified as medicinal products in France. The EU Court ruled that the products were presented as having positive effects on certain body functions, like the functioning of the gastro intestinal tract or liver and therefore, they were covered by the Medicial Products Directive. The French authorities could qualify the products as medicinal products, even if in Belgium these products qualified as foods and cosmetics. The national authorities and courts will have to judge on a case-by-case basis if a product is either a food or a medicinal product. If the product can be qualified as food and or cosmetic and as a medicinal product, the product is considered a medicinal product and not both.
Are Garlic pills medicinal products?
The so-called Garlic case (C-319/05) related to food supplements that were presented in a capsule form. The German authorities qualified these supplements as a medicine, but the EU Court did not agree. Although the supplements had a capsule form, the EU Court ruled that this form is not exclusive to medicinal products. Moreover, the supplements did not contain any mention that they aimed to prevent or treat a certain disease. Furthermore, although the beneficial effect from the active ingredient allicin was recognized, this effect did not transcend the normal metabolism of garlic. Therefore, the food supplements were not considered to be medicinal products, neither by presentation, nor by function.
Qualification of Coca Cola as a medicinal product?
Against the above background, could Coca Cola possibly be qualified as a medicinal product? For sure, it will not qualify as such by presentation. The product is sold in a bottle or as a can in quantities that exceed by far the average medicinal product. It is not recommended for care or cure, but to refresh at most. The qualification by function is a different story, as it does present some positive effects on certain body functions. The Erasmus research has demonstrated that taking the medicine erlotinib (Tarceva) together with a glass of Coca Cola will temporarily lower the pH in the stomach, back to the acidity levels prior to taking any stomach protection. In essence the Coca Cola restores a body function. A regular soft drink does not have this effect and one could therefore argue that Coca Cola does have a medicinal function. The pharmacological properties of Coca Cola as such are not substantial, although the effect in combination with the medicine can be. The boundaries between food and medicinal products are not set in stone but keep on moving.
The author thanks Floris Kets, trainee at Axon Lawyers, who had the great idea for this post.
Use of nutrition claims in horticultural business
Posted: October 7, 2014 Filed under: Authors, Food, Health claims, Nutrition claims Comments Off on Use of nutrition claims in horticultural business
The use of nutrition and health claims is gaining wider application in the food industry. At the same time companies in the horticultural sector focus their marketing more and more at end users of their products. On the basis of this development, the Dutch Kenniscentrum Plantenstoffen (knowledge institute for plant compounds) initiated an investigation whether and how the vegetable chain can benefit from the use of nutrition claims. This information is relevant for breeders, growers, retailers, processors and consumers of vegetables.
Central concepts
The so-called claim legislation (EC Regulation1924/2006 and EC Regulation 116/2010) is applicable to all food and distinguishes between nutrition and health claims. These and the central concept of foodstuff have been defined as follows.
• Foodstuff: any substance or product, whether processed or unprocessed, intended to be consumed by humans. This includes, of course, vegetables.
• Claim: any non obligatory indication that states or implies that a food has particular characteristics, including graphics representations and symbols.
• Nutrition claim means any claim that the impression that a food has particular beneficial nutritional properties with regard to energy, and / or nutrients (“What is in the product?“)
• Health claim means any claim that the impression that there is a relationship between a food and health (“What does the product do?”).
Importance of claims for the horticultural sector: targeted breeding and communication
The Kenniscentrum Plantenstoffen chose to focus its investigation of the importance of nutrition claims for the horticultural sector. The use of health claims generally requires further research and evidence than is required for the use of nutrition claims. The importance of claims for the horticultural sector is twofold. Not only offer claims the opportunity to provide detailed information about specific nutrients in a product. Also the possibility of the use of a nutrition claim can offer an incentive for product improvement. When it is known which claims are relevant in connection with which vegetables and what conditions must be satisfied, is it possible to adjust the marketing and / or the breeding activiteis accordingly. For this purpose two documents were produced.
(1) List of permitted nutrition claims
(2) List of permitted vitamins and minerals associated with specific nutrition claims
List of permitted nutrition claims
Based on the current state of the law, there are a total of 29 permitted nutrition claims, including, for example, “low fat” or “sugar free“. A breeding company will however not directly benefit from these examples. Therefore, a selection of claims has been made that potentially offers added value to the marketing of vegetable breeders, growers or other horticultural companies. On this basis, 13 potential valuable claims remained. For all these claims, the terms of use were specified and also the vegetables for the marketing of which they could be used. An example of such selected claim reads as follows.
| Selected nutrition claim | Condition for use | Relevant crops |
| High fibre | Product should contain at least 6 g fibre per 100g or 3 g fibre per 00 kcal. | Cauliflower, broccoli, cabbage, beans, Romaine lettuce and celery |
List of permitted vitamins and minerals
A special group of nutrition claims are the claims that read “source of [name of vitamin / mineral]” and “rich in [name of vitamin / mineral]”, which may be used solely in conjunction with permitted vitamins and minerals. The applicable legislation (currently EC Directive 90/496 and as per December 13, 2014 EC Regulation 1169/2011) identifies 27 permitted vitamins and minerals. 16 of them have been identified as potentially interesting in connection with plants and flowers. Subsequently, it has been established which claim can be used in connection with which vegetable, both per 100g and per portion. An example is as follows.
| Selected vitamine | Nutrition claim: “high on [selected vitamin] | |
| Per 100 g | Per portion | |
| Vitamine A | Carrots (raw and cooked), Cantaloupe melon, spinach, kale, chard, celery and chili | Carrots (raw and cooked), Cantaloupe melon, spinach, kale, chard, celery and chili |
Explanation
In order to make a selection of crops in the list of nutrition claims, the following actions were taken per ingredient: (i) identification of crops rich in fiber (in particular example stated above) in two independent sources, (ii) selection of relevant Dutch horticultural crops, (iii) identification of the quantity of fiber per 100 g and per portion on the basis of two independent sources, and (iv) selection of crops on the basis of the so-called reference intake. For the selection of crops on the list of vitamins and minerals, an identical selection process was applied.
Qualifications
Despite the care applied to the selection of crops included in the list of nutrition claims, this selection is of course not set in stone. The reason is that the amount of nutrients (such as vitamins and minerals) is dependent on the specific cultivar per crop. Furthermore, growing conditions such as sun, soil, water and temperature affects the amount of nutrients present in crops. Finally, in the literature consulted regarding nutrients (including vitamins and minerals) intra-and intercontinental differences were found in the same crops. In addition, differences may exist within the same crop per portion: the weight of one tomato does not necessarily equal any other tomato.
Useful guidance
Despite the above qualifications, the lists of authorized nutrion claims and vitamins & minerals can be considered as a good indication for which nutrition claims could be used in combination with which vegetable. These lists will be published shortly at this website and they can serve as a new perspective for the Dutch horticultural sector for their marketing and communication of their crops. With respect to vitamins and minerals are also a large number of health claims is available. The Kenniscentrum Plantenstoffen will look into this in the near future.
Health and nutrition claims targeted at food and medical products
For further information on the use of health claims targeted at different products, reference is made to our previous post on this blog. The slides of our seminar on medical and functional foods can be found here.
Glimpse of IFT 2014
Posted: June 30, 2014 Filed under: Authors, Food, Health claims, Information, Nutrition claims Leave a comment »
From 21 – 24 June, the yearly conference of the International Food Technologists (IFT) took place in New Orleans, Louisiana. During this conference, over 16.000 food science and technology professionals discussed the most recent product, ingredient and technology developments, as well as the potential business impact and regulatory framework. Below, you will find a selection of topics discussed. It will also be commented how these impact food business operators in the EU.
Functional foods
So far, no proper legal definition exists of functional foods. Since 1984 however, the Institute of Medicine has designated as functional food “any food or food ingredient that provides a health benefit beyond its nutritional benefit”, which I consider a clear working title. In the functional food market, functional beverages are the fastest-growing sector. In the IFT-session “The evoluation of functional beverages” advances in ingredients were discussed, such as new vitamin forms, dietary fibers and certain omega-3 fatty acids. Also, trends towards more natural forms of coloration were discussed, for instance from lycopene and beta-carotene, which also increase antioxidant properties. Obviously, using health claims in connection with these functional foods is very attractive from a marketing point of view. However, this remains a strictly regulated area in the USA, where different rules apply to “classical” health claims, structure function claims and qualified health claims. As discussed in our posts of 8 May 2014 and 2 November 2013, this is not any different in the EU.
Health benefits of prebiotics
In IFT-session Presenters Detail Gut Health Research some of the latest research was shared on the ways in which prebiotics affect the gut microbiota. Prebiotics are substances that are selectively fermented by gut microbes, thereby delivering health benefits to the host. It was reported that during the last 20 years, research has shown that prebiotic ingredients stimulate the growth of beneficial gut bacteria. Furthermore, evidence has been obtained suggesting that diet can contribute health benefits by changing the composition of the gut microbiota. It was pointed out during this presentation, however, that regulatory bodies like the EFSA have refused to permit health claims for prebiotics. Although this may be true in general, it is not entirely correct for lactulose, regarding which EFSA’s NDA panel acknowledged the beneficial effect consisting of a reduction of transit time.
Allergens
From the session Allergens-Free Food Formulation, it became obvious that allergies (being defined as an abnormal response to a food triggered by the body’s immune system) constitute a prominent item on the agenda of food business operators for the years to come. Currently, millions of people have food allergies and that total is growing. Presenters during this session referred to the statistics from the Centers for Disease Control, according to which food allergies among children surged by 50% between 1997 and 2011. In order to respond appropriately, food manufacturers not only have to formule allergen-free foods, but also create an allergen-free manufacturing environment. Also, all of this should be effectively reflected in the product information, in order to meet the applicable labeling requirements. As reported already in our post of 17 September 2013, with the entry into force of the Food Information Regulation by the end of this year, specific measures apply regarding 14 named allergens, both for pre-packed and non pre-packed food.
Product qualification: food or pharmaceutical?
In the session Food Clinical Trials and IND-applications, it was explained when clinical studies for foods would require the filing of an Investigational New Drug (IND) application. This question was answered based on a recent guidance document (Guidance for Clinical Investigators) issued by 3 organisations involved in the evaluation of drugs, biologicals and food and of course on the basis of the criteria contained in the Federal Food, Drug & Cosmetic Act (FFD&C Act). It was explained that if the intent of the clinical study is to investigate a physiological effect of the food on the structure or function of the body beyond the provision of taste, aroma, or nutritive value, then the study will require the filing of an IND application. Furthermore, guidance can be found in FFD&C Act, according to which a food qualifies as a drug if it is intended for use in diagnosis, cure, mitigation, treatment or prevention of disease and if it is intended to affect the structure or any function of the body inter alia. In the EU, we regularly see legal decisions dealing with similar qualification issues based the European Drug Directive. Clearly, this is a topic in the centre of interest on both sides of the Atlantic. It is therefore expected that US guidance on this topic may be of interest for its European counterparts as well.
Further topics @ IFT and subsequent updates @ FHL
Other topics discussed at IFT were overweight and obesity, perception of food in media and GMO’s in the food industry. At FoodHealthLegal, we continue to follow all these topics, and in particular their legal and regulatory implications, with interest and we will provide you with further updates shortly. Please feel free also to join Axon’s life sciences seminar on medical and functional food, which will be held on 24 September 2014.
Misleading Advertising of Food Supplements – or not?
Posted: April 18, 2014 Filed under: Food, Food Supplements, Health claims, Information, Nutrition claims, Uncategorized Leave a comment »The role of national customs and self-regulatory bodies
Introduction
Recently, the Rotterdam District Court decided a dispute between Omega Pharma and Procter & Gamble on allegedly misleading advertising of food supplements. The product in dispute was Vibovit, a multi vitamins product for mothers and young children marketed by Procter & Gamble (P&G) since January 2014. Although well-known for its consumer products such as detergents and toothbrushes, Procter & Gamble is a new player in the field of food supplements. Omega Pharma is a company focusing on OTC health and care products including food supplements, for instance Davitamon. It holds a market share of 61 % in volume and 65 % in value in this field. Omega Pharma clearly perceives Vibovit as a competing product for Davitamon. No doubt, clear scrutiny of the new competitor in the field of food supplements was the start of this case.
Claims made by Omega Pharma
In a nutshell, Omega Pharma accuses P&G of committing misleading advertising and unfair commercial practises regarding its Vibofit product and also of violation of legislation on health claim, food supplements and labeling. More concretely, Omega Pharma inter alia opposed (1) the claim that Vibofit did not contain any preserving agents, whereas it appeared from the list of ingredients that the product contained potassium sorbate. (2) Furthermore, Omega Pharma complained that the packaging of Vibofit stated it contained only natural colouring agents, as it did not agree that the colouring agents titanium dioxide and carbon dioxide qualified as such. (3) Also, Omega Pharma considered the claim “+Omega 3” mentioned on the Vibofit packaging was made in violation of the Claims Regulation.
P&G’s preliminary defence
As a first preliminary defence, P&G had argued that Octapharma’s claim could not be received by the Civil Court, as Octapharma should have brought this claim before the Dutch self-regulatory body that advises on advertisements for health products (KOAG-KAG). This defence was rejected, as this self-regulatory body is only competent to hear disputes on health claims and not regarding any other claims in the field of food or advertising law. As a second preliminary defence, P&G had advanced that Omega Pharma’s claim actually related to unfair B2C commercial practices and that Omega Pharma could not invoke these rules (meaning their national implementation) against its competitor. This defence was also dismissed, as the Court considered that Omega Pharma was entiteld to invoke the rules on unfair commercial practises, being a lex specialis on the general law of the torts, against P&G.
(1) Evaluation of claim re. preserving agent potassium sorbate
Although the parties agree that potassium sorbate can be used as preserving agent, P&G argues this is not the case at hand. Instead, it uses this compound as a processing agent for the preparation of the yellow colour of the Vibofit gummies. As a result of the carry-over principle, a mimimum quantity of potassium sorbate is present in the final product. However, since this quantity is only 0,00005 %, which is 2.000 times too weak to be able to function as s preserving agent, the Court accepts this defence. As a consequence, the claim “free of preserving agents” is not considered misleading.
(2) Evaluation of claim re. colouring agents titanium dioxide and carbon dioxide
Omega pharma opposes the claims “100 % natural colouring agents” and “no artificial colouring agents”, as it considers that both titanium dioxide and carbon dioxide qualify as synthetic instead of natural colouring agents. Since the Food Additives Regulation does not make a distinction between natural and synthetic colouring agents, P&G relies on evidence from two national authorities to refute Omega Pharma’s claim. The first piece of evidence is a list of additives issued by the Dutch Food Safety Authority (Nederlandse Voedsel en Waren Autoriteit – NVWA) based on their qualification by the Dutch Nutrition Center (Voedingscentrum). This authority qualifies titanium dioxide (E171) and carbon dioxide (E172) as “natural”, as opposed to “synthetic” and “of natural origin, chemically processed”. The second piece of evidence is an NVWA fact sheet from which is follows that the colouring agents E171 and E172 are not considered synthetic. A consumer survey initiated by Omega Pharma investigating the misleading character of the claims used by P&G was considered not relevant, inter alia because it did not outweigh the opinion of the two Dutch national authorities and it was not considered completely neutral. As a consequence, P&G’s claims were not considered misleading.
(3) Evaluation of health claim +Omega 3
The notion + Omega 3 relates to the nutrition claim “source of Omega-3 fatty acids”. According the Health Claim Regulation, this claim is only allowed where the minimum quantities of 0,3 g ALA or 0,40 mg of the sum of EPA and DHA are met. One Vibofit gummy contains 2,5 mg Omega 3. As the packaging does not differ amongst ALA, EPA or DHA, it is not clear if the applicable standards are met. P&G however argues that it received prior approval from the self-regulatory body KOAG/KAG regarding its Omega 3-claims. Such approval has such authority that in those cases the Dutch Food Safety Authority usually does not apply any fines. In this particular case however, KOAG/KAG changed its policy after said prior approval was granted. According to the new policy, ingredients claims will only be allowed in as far as no existing health or nutrition claim is in place. Although P&G was not happy with this change, it nevertheless removed the Omega 3 claims from the Vibovit packaging and showed the galley proofs during the hearing. As a consequence, the Court considered that Omega Pharma no longer has sufficient interest re. its claim directed at Omega 3.
Conclusion
From the correspondence exchanged between the parties and reproduced in the judgement, it appears that P&G did not simply dismiss Omega Pharma’s claim but had meticulously prepared this case. Where it estimated that its claims would not hold, it had decided to move and to do so quickly. This is of course a very strategic approach, which quite often is successful to avoid litigation. However Omega Pharma simply decided to go after its new competitor. What is most striking in this case from an EU perspective, is the role of national authorities and national customs formulated by self-regulatory bodies. The prior approval from KOAG/KAG with respect to an ingredients claim for the food supplement Vibovit carried an enormous weight in the present dispute. Also, interpretations of national authorities of European food additives standards proved to be a decisive factor in this case. Therefore, when preparing a case of misleading advertising involving labelling and health and nutrition claims, carefully consider where to initiate it in view of those local customs.
Just as good as a daily glass of milk
Posted: December 29, 2013 Filed under: Food, Health claims Leave a comment »
Introduction
Recently, Advocate General Wathelet rendered his conclusion in a case regarding the claim “Just as good as the daily glass of milk” used for a dairy product consisting of fruit curd. Why is this opinion of interest? It provides clarity on the scope and content of the notion of a health claim. Furthermore, opinions rendered by Advocate Generals have a good predictive power for the likely outcome of the decision by the Court of Justice of the European Union (CJEU). In other words, there is a good chance that said Court will follow the explanation proposed by the Advocate General.
Facts and figures
The German company Ehrmann marketed a fruit curd offered for sale under the name of Monsterbacke in six joint units of each 50 grams. According to the nutrition table of this product, it contains per 100 g 105 kcal of energy, 13 g sugar, 2,9 g fat and 130 mg. calcium. By way of comparison: a glass of milk contains per 100 g also 130 mg calcium, but only 4,7 g sugar. As of 2010, Ehrmann promoted its product with the slogan “Just as good as the daily glass of milk”, whereas none of the information obligations referred to in article 10.2 of the Health Claim Regulation was met. These obligations aim at securing full information on the product bearing a health claim, such as the quantity of the food and the pattern of consumption required to obtain the beneficial effect.
Preceding legal proceedings
The German Centre for Protection against Unfair Competition (Wettbewerbszentrale) took Ehrmann to Court (Landgericht Stuttgart), as it considered the slogan “Just as good as the daily glass of milk” to be misleading. In comparison to milk, Ehrmann’s fruit curd contained much more sugar and this was not mentioned on the packaging. Also, due to its comparison with milk, Ehrmann’s product hinted at containing just as much calcium as milk and thereby alluded to a health benefit. Ehrmann did not agree and argued that its fruit curd was a product comparable to milk in many respects, whereby the difference in sugar was just too small to mention. The first instance Court followed this line of reasoning, but the Appeal Court (Oberlandesgericht Stuttgart) did not. According to this Appeal Court, Ehrmann’s slogan was misleading, because 100 g of Ehrmann’s fruit curd contained much more sugar than 100 g milk. Ehrmann filed a so-called appeal for revision (“Revision”) with the German Supreme Court (Bundesgerichtshof), who dropped the qualification of misleading information, but found instead that the slogan “Just as good as the daily glass of milk” qualified as a health claim.
Case before the CJEU
The one single question that the German Supreme Court referred to the CJEU basically related to the transitional regime applied to the Health Claim Regulation, when the lists of authorized claims were not yet in place. The referring Court wanted to know if at that time (2010) the information obligations referred to above were already applicable. This question was answered in the affirmative, inter alia because the requirements laid down in article 10.2 of the Health Claim Regulation aim to protect the consumer. From that perspective, it would be contradictory to suspend those requirements any time. This would also not be in line with the authorized claims themselves that have an evolutionary character. Even more interesting than the proposed answer to the preliminary question were two other aspects raised by the Advocate General. (1) Is it up the CJEU to confirm whether indeed the slogan “Just as good as the daily glass of milk” qualifies as a health claim and (2) what is in fact the scope and content of the notion of health claim in general?
Qualification of slogan as health claim by CJEU?
The different German instances had taken different views regarding the question whether the slogan “Just as good as the daily glass of milk” qualified as a health claim. Whereas the Stuttgart Appeal Court for instance did not consider this slogan to be a health claim, the German Supreme Court came to a different conclusion. Ehrmann did not agree with this conclusion and considered that the CJEU had to provide guidance to this respect to the German Supreme Court. The Advocate General however does not agree. He is of the opinion that there is no reason to cast doubt upon the qualification of facts by the referring Court. Now that the German Supreme Court did not ask any specific question on the qualification of the slogan at stake as a health claim, it is not up to the CJEU to rule on that issue.
Scope and content of “health claim” in Deutsche Weintor and Green Swan
The Advocate General did take the liberty to explore the notion of health claim. As a start, he referred to its broad definition as “any claim that states, suggests or implies that a relationship exists between the consumption of a food category, a food or one of its constituents and health”. He then referred to the CJEU decision re. Deutsches Weintor, in which it was held that the notion of “easily digestible” for wines amounted to a health claim. The CJEU reasoned that the definition of health claim provides no information as to whether the relationship between the intake of a food and the claimed beneficial effect must be direct, indirect, or as to its intensity or duration. In those circumstances, the term “relationship” must be understood in a broad sense. This approach of the notion of health claim was confirmed in the CJEU decision Green – Swan Pharmaceuticals. In this decision, the CJEU held that for a claim to qualify as a reduction of disease risk claim, it is not required that such claim expressly states that the consumption of a food significantly reduces a risk factor in the development of a human disease. This is despite the fact that the notion of “significantly” figures in the definition of disease risk reduction claim (art. 1.4.6). To the contrary, it is sufficient that the claim may give the average consumer the impression that the reduction of a risk factor is significant.
Conclusion
Based on the explanation given of the notion of health claim in the CJEU decisions discussed above, the Advocate General concludes that the slogan “Just as good as the daily glass of milk” also qualifies as a health claim. According to him, the average consumer considers milk as a wholesome product. By linking the fruit curd to milk, an implied health effect is communicated. All the more so, since the relation between the intake of the fruit curd and the alleged beneficial effect is interpreted in a very broad way. As a more general conclusion for this contribution, it should be noted that claims on food products readily qualify as health claims. As a food operator, be aware that you meet all requirements for the use of such claims!
image Johannes Vermeer [Public domain], via Wikimedia Commons