Presentation on Food Supplements. French practice. Stéphane Martin CEO ARPP/France. Bucharest, 22 of April of 2016

Transcription

1 Presentation on Food Supplements French practice Continuons d œuvrer pour une publicité toujours plus éthique et respectueuse de nos valeurs. Stéphane Martin CEO ARPP/France Bucharest, 22 of April of 2016

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3 The ARPP The French Industry Association for responsible advertising

4 ORGANIZATION: ARPP (ex BVP) was created in 1935 by the Advertising industry: advertisers, communication and media agencies and medias/sales houses. Since 1992, ARPP clears all TV advertising before broadcast. The ARPP is financed and managed by the advertising industry. ARPP is chaired by an independent personality: François d Aubert, former Minister. ARPP employs 20 full time staff members. ARPP is certified ISO 9001 since July 2012.

5 MISSIONS: Elaborate Self-Regulation Codes Advise its member regarding the French law and the ARPP s codes. Before broadcasting: Copy Advice TV/AVMS pre-clearance After broadcasting: Receive and handle consumer s complaints ARPP conducts and publishes monitoring on specific themes such as the Image of human being, sustainable developpement, cosmetics, food behaviors, online gambling, etc

6 Regulatory Framework for Food Supplement REGULATION (EC) N 1924/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 December 2006 on nutrition and health claims made on foods. Enforceable since 1 st of July of Applicable in every commercial on food products (= food, drinks, and food supplements) in all its forms (i.e. text, graphics, illustrations, trademarks or trade names) could be interpreted as a nutrition or health claim, since the food products in question are intended to be delivered, as they are advised, to the final consumer.

7 French definition of Food Supplement Definition of the article 2 of Decree N of 20 March 2006 on food supplements: Food products whose purpose is to supplement the normal diet, they are a concentrate source of nutrients or other substances, having a nutritional or physiological effect, alone or in combination with other products, commercialized in form of doses, such as capsules, lozenges, tablets, pills and other similar forms, bags of powder or liquid, bottles with a dropper, and other similar forms of liquids or powders designed to be taken in small quantities of measured unit".

8 Some nutritional and health claims are not permitted: Claims that suggest that refraining the consumption of a particular food product could be harmful for the health. Claims that make reference to the importance of weight loss. Claims that make reference to recommendations of a doctor or a healthcare professional or other associations.

9 Nutritional and Health claims must meet some conditions (here are 5): Do not: Be false, ambiguous or misleading; Raise doubts referring to the safety and / or the nutritional adequacy of other food products; Encourage or condemn the excessive consumption of a product; State, suggest or imply that a balanced and varied diet can not generally provide nutrients in appropriate quantities; Refer to changes in physical functions that could inspire fears to the consumer or exploit such fears.

10 Nutrition claims definition of Art of European Regulation 1924/2006 on nutrition and health claims: Any claim that states, suggests or implies that a food product has some particular and beneficial nutritional properties due to: - The energy (calorific value) it provides, provides at a reduced or increased rate, or does not provide - And / or nutrients or other substances it contains, contains in reduced or increased proportions, or does not contain

11 Nutrition claim ZERO SUGAR, or any other claim likely to have the same meaning for the consumer, may only be made if the food product contains no more than 0.5g of sugars per 100g or per 100 ml.

12 Nutrition claim Source of fiber, or any other claim likely to have the same meaning for the consumer, may only be made if the food product contains at least 3g of fiber per 100g or at least 1.5g of fiber per 100kcal.

13 Health claims definition of Art of European regulation 1924/2006 on nutrition and health claims: Any claim that states, suggests or implies that a relationship exists between, on the one hand, a food product category, a food product or one of its components and, secondly, the health.

14 Health claims definition of Art of European regulation 1924/2006 on nutrition and health claims: Any claim that states, suggests or implies that the consumption of a food category, a food product or one of its components significantly reduces a risk factor for development of a human disease.

15 Health claim (in footer notes advertising) Explain the objective fact : The fiber wheat bran, from 10g a day, help accelerate the intestinal transit time in order to be able to use your health claim if your product is high in fiber: An All-Bran bowl brings you 35% of the amount of wheat bran fiber required daily.

16 Health claim Explain the risk factor : A high cholesterol is a risk factor for developing coronary heart disease. and use a validated allegation: sterols plants reduce blood cholesterol. A high cholesterol is a risk factor for developing coronary heart disease.

17 Health claim Targeting the population and the right context of use : Danacol is reserved for people with high cholesterol, as part of an adapted diet and a regular physical activity. in order to be able to use an health claim: Together against the cholesterol

18 General principles for advertising notes and overlays readability (ARPP s code): 1/1.1 General rules of ARPP s code on notes and overlays : No matter the media, corrective and informative notes have to be readable in normal reading conditions. These rules also apply to legal notes, except when the law requires specific conditions of presentation. Legal obligation to insert the 4 health messages, declined as established in article 4 of the Decree of 27 February 2007 fixing the conditions relating to health information to accompanied advertising or promotional messages for food products and drinks. In accordance with this article: -Size of the characters must measure at least 3% of screen height and, - Health message should be inserted in a dedicated banner to cover at least 7% of the screen height.

19 The notes have to appear: 1) in a horizontal position, 2) in a sufficient size, General principles for advertising notes and overlays readability (ARPP s code): 3) in fonts which permit an easy reading. 4) in a color which contrasts with the background, 5) with fonts normally gaped. When a sign is used to refer to the overlay (cross reference), its size has to be sufficiently important in order to be readable in normal reading conditions. The sign must appear near the claim and/or the allegation.

20 The difficulty: The vague allegations Art 10.3 of the EU regulation says that : Allegations may refer to general benefits, not specific ones for one nutrient or food product on the overall state of health and well-being related to health only if such a reference is accompanied with a specific and authorized health claim of the list of Article 13 or Article 14 of the regulation. Definition of general and beneficial effects by the French guide made by the ANIA (French association of food industry) and the FCD (French federation of retailers): The vague terms such as "form", "well-being" (linked to food and health), "vitality", "helps strengthen the body," "contributes to physical well-being," but also "good for the liver," "good for your bones, are concerned by this article.

21 Example of vague allegation associated with an authorized Health claim The vague allegation : "The taste of wellbeing used only if connected to an authorized Health claim mentionned in the ad: "Vitamin C contributes to the normal functioning of the immune system

22 Compliant communication on food supplement Validated allegation on melatonine: «The melatonine contributes in reducing the time of falling asleep».

23 Compliant communication on food supplement Validated allegation on Kola: «The Kola helps burning fat, being shaped and controling corporal mass»

24 CONCLUSION Communication on food supplements follows exactly the same rules than those set for all food products to ingest!

25 THANKS FOR YOUR ATTENTION! Stéphane Martin CEO ARPP/France