It’s Finally Happening!d3hip0cp28w2tg.cloudfront.net/uploads/2015-11/... · • Fitness Boutique...
Transcript of It’s Finally Happening!d3hip0cp28w2tg.cloudfront.net/uploads/2015-11/... · • Fitness Boutique...
It’s Finally Happening! Changes in Legislation
for Sports Nutrition Products
Nick Morgan, Managing Director, Sports Integrated Vice-Chair of ESSNA
Food Matters Live 2015
18th November - ExCeL, London
When? 2003, when Europe was planning a new law to
tightly regulate sports nutrition products
Why? Organise the sector to enter into dialogue with
legislators and prevent a serious adverse impact upon the market
Protect potential for innovation
About
Today pan-European trade-association with 52 members
Activities broadened from March 2013 and February 2015 to
include:
Compliance
• Police the market to improve reputation of the sector
• Protect responsible European sports nutrition businesses
• Foster engagement with enforcement authorities
• Consumer protection • Tackling inadvertent
doping
Communications
• Improve consumers and legislators perceptions
• Press turns to first for
comments on sports nutrition issues
• Proactively debunk
myths • Work on social media • ESSNA Conference
Working Groups
• Tap into members expertise to assess impact of issues, reach consensus, and take action on: o Health Claims
WG
o Protein definition WG
o Anti-doping WG
ESSNA members
• Adams Food Ingredients
• Aminolabs
• Arla Foods Ingredients
• Bodybuilding.com
• Body Temple UK
• Bulk Powders
• Cambridge Commodities
• CLF Distribution
• CNP Professional
• Cytosport
• DCC Health & Beauty Solutions
• Direct Food Ingredients
• Dymatize
• Enervit
• Essentia Metabolic Proteins
• Fitness Boutique
• Fonterra
• FrieslandCampina
• Future Nutrition
• General Nutrition Corporation (GNC)
• Glanbia Performance Nutrition
• Grenade
• Healthspark
• Herbs in a Bottle
• High Five
• Iovate Health Services International
• Kerry EMEA
• Kinetica
• LGC
• Manumixx
• MaxiNutrition
• Medix Laboratories
• MP Bio Science
• myprotein.co.uk
• NBTY Europe Ltd
• NSF International
• Nutraveris
• PhD Nutrition
• Prinova Europe
• Prometeus
• Sci-MX Nutrition
• Scitec Nutrition
• Smart Nutrition
• Sports Integrated
• Stepan Speciality Products
• Tropicana Health and Fitness
• USN UK
• Vitamin Center
• Volac
• Weider Germany
• Weider Publishing
Today we will update you on:
ESSNA’s non-compliance campaign
The potential end of sports nutrition’s regulatory limbo
Tackling inadvertent doping
PA
RN
UT
S
• Directive 2009/39/EC Foods for particular nutritional uses
• Suitability statement • Annex 1- foods
intended to meet the expenditure of intense muscular sportsmen
• Article 12- National provisions
• Drinks and powders? • Directive 96/8/EC on
meal replacements for weight control
• Directive 953/2009 addition of substances
• Regulation 609/2013 on Foods for Specific Groups
• Commission report on the necessity of additional rules to ensure adequate protection of sports food?
• EFSA consultation • Repeals PARNUTS +
abolishes ‘Dietetic Foods’ from July 2016
• 3 year transition period + full sell through
• GFL from 20th July 2016
• Even if specific provisions are suggested, which would not become applicable until later this decade
• Meal replacements for weight control
Genera
l
Fo
od
La
w
FS
G
Sports nutrition- to the future
Future of sports nutrition under GFL!
Too narrow vs too broad- what is the right balance?
1. General Food Law- adaptations and opportunities
2. Need proper functioning of the internal market
3. Doping and sports nutrition- an appropriate framework for regulating doping substances and industry responsibility
ESSNA’s non-compliance campaign
Non-compliance campaign
How does it work?
Members raise alert Mainly against the online sale of products containing illegal and dangerous ingredients, EU-wide
ESSNA contacts manufacturers/sellers/advertisers on behalf of members Drawing attention to issues and asking them to comply with the law
ESSNA contacts enforcement authorities Drawing attention to persistently non-complying firms and/or those that do not respond to our letters – and building relationships with relevant enforcement authorities
Remove illegal products from the market Increase consumer confidence and safety Improve the reputation of the sector
First two and half years of activity
A total of 85 alerts have been raised and acted upon:
59 resolved informally
20 escalated to an enforcement authority
6 on-going
Membership: interest from 8 companies approached; 3 have already joined ESSNA directly as result of their own non-compliance; others indirectly as a result of campaign
Key issues: prohibited substances and products (DMAA), outrageous claims, adherence to previous official rulings/ enforcement
PR campaign
Use media – and social media – to get ESSNA’s message out and to warn of the dangers of sports supplements containing illegal ingredients, supporting the non-compliance campaign
Tackling Inadvertent Doping
Through an expert Working Group drawn from membership
Aim
• To work with ESSNA members to minimise the risk of inadvertent contamination • To tackle negative perceptions of the sports nutrition sector amongst many in the field of anti-doping
Objectives
• To improve the image of sports supplementation with a variety of stakeholders • To ensure that ESSNA’s internal rules are clear, robust and assist members, and can withstand scrutiny in the face of a
doping challenge • To complement ESSNA’s broader objectives
Plan of action
1 Reduce inadvertent doping resulting from contamination of sports nutrition products
2
Code of practice
3
Consumer guide
First European Week of Sport – ESSNA Brussels Conference
European Week of Sport - 7-13thSeptember across Europe
• EC presentation: Sports nutrition in
Europe • EC presentation: Mutual
Recognition • ESSNA presentation • Panel discussion: Sports nutrition
and anti-doping • Round table: ESSNA, SNE and
UNESDA
ESSNA Conference: “SPORTS NUTRITION IN EUROPE POST-PARNUTS AND ANTI-DOPING”
ESSNA activities clearly show that there is a way forward to
cooperate in tackling manufacturers, distributors and retailers
of non-compliant products – but need help from enforcement authorities
Responsible companies have the opportunity to work with ESSNA to create a transparent, clean and well-functioning
sports nutrition market so we can achieve our objectives with legislators
The next few months are crucial for our sector, in view of
the Commission’s ongoing report into the possibility of adopting specific regulation for sports nutrition products
Take-home
ESSNA also working to tackle inadvertent doping to
address key concerns from policy-makers and improve reputation of sector
www.essna.com
@ESSNASports
Thank you, Nicholas Morgan, ESSNA Vice-Chair
1. Adapting GFL- threats and opportunities
Nutrition and Health Claims Regulation (NHCR- Regulation 1924/2006)
Must take into account the specific needs of sports people Nutrient profiles / right to market / confidence and trust
Food Information to Consumer Regulation (FIC- Regulation 1169/2011)
Protein Definition Sodium/Salt labelling
Terms such as “sport”, “exercise” not as an implied health benefit but as instructions of use
Fortification legislation (Regulation 1925/2006) Some minimum levels for fortification may not be feasible: electrolytes Addition of certain substances under 953/2009- addition possible under
General Food Law or Novel Foods?
More why GFL?
Sports nutrition concept- formulated products that aim to support their target audience in achieving consumption of the right amount of nutrients at the right time and in a convenient format, whilst also providing accurate and truthful information on its intended use, so that the target audience can make informed choices
• Not vulnerable people, but sub-group of the general population with specific needs when active
• Wide range of products no longer clearly distinguishable from general foods
• General food law principles = consumer protection and safety
• Communications with consumers
• Need for innovation, ongoing scientific research and product development
not restrictive legislation with fixed compositional criteria
BUT certain adaptations of GFL needed
Harmonised legislation
2. Proper functioning Internal Market
National legislation
• Has been hampering the functioning of the internal market – guarantees needed to prevent national legislation from being established or existing legislation maintained
• French decree on caffeine and creatine in food supplements – a test case?
NHCR
• Opportunity for uniform application and enforcement of the claims and their conditions of use across the EU? On-hold caffeine claims?
• Article 22 NHCR?
• Uniform enforcement and implementation needed of EU legislation framework and principles already in place
Compliance
• Commercial investment for businesses complying with EU framework needs to be rewarded
Harmonised EU legislation – no national legislation
Non-harmonised But mutual recognition principles to promote IM