The UK government has launched a consultation on improving the enforcement and regulation of nutrition and health claims on food and drink products. The aim is to ensure that consumers can trust information found on labels and make informed choices about their diet and health.

The consultation, which runs until October 31, 2023, sets out two proposals for changes in relation to nutrition labeling, composition and standards (NLCS).

The first proposal is to introduce an improvement in the notices regime, providing an additional early step for enforcement authorities to specify measures for companies to take to ensure compliance with requirements.

“By means of the introduction of improvement notices, enforcement authorities would be able to act more quickly to deal with non-compliance and businesses would be able to respond faster to ensure compliance, while potentially avoiding costly and burdensome court proceedings for both parties,” say the authorities.

The second proposal is to revoke redundant legislation that “does not serve any current legal purpose.”

Legislation will come into force in England three months after the legislation has been made – although that timeframe is also under consultation.

Less bureaucratic
The authorities explain that using unauthorized health and nutrition claims is a criminal offense. 

“However, the current enforcement procedure does not align with other food labeling enforcement, which is less bureaucratic, more proportionate and largely welcomed by businesses and enforcement agencies alike.”

The new system is faster, cheaper and more proportionate, the proposal highlights.“An improvement notice regime enables a consistent and low-resource enforcement approach to labeling offenses.”

Moreover, the second proposal would allow to “tidy up” the statute book, “making it simpler to navigate.” If passed, 60 of the current 72 commission regulations would be revoked.

Nutrition and health claims
Nutrition claims include “source of calcium,” “low fat,” “high fiber” and “reduced salt.”

Health claims include “calcium helps maintain normal bones” and “vitamin C contributes to the normal function of the immune system.”

“Nutrition and health claims are required to be based on scientific evidence and may only be used if they have first been approved by a UK appropriate authority following relevant risk assessment and risk management,” the UK government highlights.

Safeguarding the public
The nutritional and health claims regulation safeguards the health and well-being of some of the most vulnerable groups in society, such as babies, infants and people with special dietary needs, according to the UK government.

The regulation sets high standards for the quality and safety of food products and the accuracy of nutritional information provided to consumers.

“In assimilating the majority of the NLCS, while reforming nutrition and health claims enforcement, we believe that we will achieve the right balance between safeguarding the public health needs of consumers and the burden on industry through robust and proportionate regulation.”

The new enforcement system is less “threatening” as it encourages dialogue, is low resource and provides clarity. 

“Bringing a case to court is costly and time-consuming for local authorities and business.”

The new system is faster, cheaper and more proportionate, the proposal highlights.

Businesses will be able to appeal an improvement notice under the new legislation; however, non-compliance will still ensure court action.