Food supplements are increasingly under scrutiny. The consumer programme Radar recently made misleading claims a focus point, and the NVWA (Netherlands Food and Consumer Product Safety Authority) also warns against incorrect or non-permitted statements. But in practice, the problem often turns out to be broader than just a claims issue. Supplements in particular require extra attention when it comes to labelling. Where does it often go wrong? And how do you know your label is compliant? Labelling specialist Kim Kuiperij of Eurofins Food Safety Solutions explains.
On social media, you increasingly come across people promoting supplements. “Health coaches or influencers often like to add a supplement to their range,” says Kim. “But extensive legislation also applies to supplements. If you know the rules, labelling is manageable, but that's often where it goes wrong.”
Supplements are subject to, among other things:
“Pay extra attention to mandatory statements such as the name ‘food supplement’, the dosage, the list of ingredients and quantity, the recommended daily allowance and warnings, such as ‘not suitable for children’, ‘do not exceed the daily portion’ and ‘not a substitute for a varied diet’. These are regularly forgotten or applied incorrectly,” Kim explains. “And there are also rules for the name of your product. The name is prescribed, depending on how much of a nutrient your product contains.”
"Companies use wordings that aren't allowed, or that go just a bit too far. For example, by attributing a medical effect to a product. Then you quickly get close to medicinal product legislation. There is currently a lot of discussion about whether, in such a case, you should receive a fine under food law or under medicinal product law. The difference in fine is quite substantial: a factor of 150.”
The rule is clear: only approved claims from the European database are allowed, and only in the correct context and wording. “As soon as you step outside that, you're taking a risk. A small nuance in wording can already make all the difference. Tip: only use wordings from the database that you've looked up per nutrient. Then you're always on the safe side.”
It's notable that many enquiries come from parties that are new to the market. Kim: “We see a lot of coaches, social media influencers and small entrepreneurs who want to launch a product. They use texts from their website or marketing material on the label, without knowing that those claims aren't allowed. If a product is available to buy, all mandatory information must also be available. That also applies to webshops and even on social media in posts, reels and videos.”
Claims on a website or in a post must therefore be just as compliant as on the label itself.
International sales also cause problems: “Products are offered in English for multiple countries, based on the idea that ‘everyone can speak English anyway’. Whereas labelling must comply with the language requirements of the country where you sell. And if you sell in the Dutch market, that means Dutch. This also applies to websites and webshops. In addition, there are countries such as Poland, Portugal and Belgium where an authorisation procedure applies before you're allowed to place your product on the market. It would obviously be a shame if you weren't aware of that and your market launch got held up as a result.”
It's not only claims that pose a risk - the composition of supplements also requires attention. The EU Agri-Food Fraud Network report shows that supplements are a notable risk group, with non-permitted ingredients and incorrect composition (adulteration) regularly being detected, among other things.
“For example, with novel foods you see a grey area: ingredients that are new and for which it isn't always clear whether they're permitted. They're not listed as an approved ingredient in the EU, but not as the banned ingredient either. So are you allowed to use them, or not?”
It's not always immediately clear which legislation a product falls under. Kim: “For instance, protein powders, gummies or sweets with added vitamins may look like an ‘ordinary’ food in form, while legally they're regarded as a food supplement. That matters, because different rules apply to fortified foods and supplements. In practice, this means you not only need to check against the general labelling regulation (1169/2011), but also against the additional requirements for food supplements. And that doesn't always happen.”
The consequences of incorrect labelling are regularly underestimated. “During NVWA inspections you can face fines or a sales ban. In serious cases, for example where there are health risks, the consequences can of course be even greater – for example, with undeclared allergens, exceeding safe dosages, or the use of non-permitted substances,,” says Kim. That's why it's important to know exactly whether your product meets all the requirements.”
According to labelling specialist Kim, the best place to start is by answering simple questions: “Are you allowed to sell this product? Is the content correct and does the label match it? Would you buy this product yourself if you saw it on the market like that? And does the consumer know exactly what they're consuming? It also helps to use the NVWA handbook for food supplements. It contains more practical guidance than the legislation itself. A careful check of composition, claims and labelling before a product goes to market prevents problems later on!”
Want to be sure your supplement meets all requirements? Eurofins Food Safety Solutions supports you in assessing claims, labelling and composition, so that your product reaches the market compliant and safe. Contact us for a pre-market check or tailored advice at foodsafetysolutions@ftbnl.eurofins.com or +31(0)888 31 03 30.