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New Technical Standard On Nutritional Guidelines For Healthy Claims On Food Products

Author:Mr Ignacio Gillmore, Cristina Busquets and Alejandra Del Río

On July 26th, 2017, Exempt Resolution No. 860 which "Approves Technical Standard No. 191 on Nutritional Guidelines for Healthy Claims on Foodstuff Products" (hereinafter, "Resolution 860") was published on the Official Gazette. Resolution 860 replaces Exempt Resolution No. 764, which currently regulates this matter.

Resolution 860 will enter into force six months after its publication; this is, on January 27th, 2018.

As pointed out in the recitals of Resolution 860, the purpose of this regulation is to introduce "changes in the existing regulation that aims to explicitly exclude healthy claims or messages in foodstuff products intended for infants or young children, and those with pharmaceutical presentations and food supplements, given that the latter are not a part of healthy diet, that is intended to be promoted (...)".

In this context, the most relevant aspects introduced by Resolution 860, are the following:

A new table with the mandatory requirements that each product must fulfill in order to be able to legitimately use a healthy claim (or health message) is established. Please read here. In order for a foodstuff product to be able to be associated with one or more healthy messages, such must be part of the common diet of the population. With regards to the prohibition of the use of healthy messages on food addressed to children under four years of age contained in Resolution 764, this prohibition is extended to: Food supplements; Food with a presentation commonly associated with medicines (powders, liquids, granules, capsules, tablets, capsules...

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