European Ombudsman: How the European Commission deals with the labelling of foodstuff that contain probiotics as «health claims»
In a decision of the European Ombudsman, it was decided that the Commission’s interpretation of EU food legislation in relation to probiotics is reasonable and in line with the main goal of the legislation, which is to ensure a high level of consumer protection.
The complainant, a business association representing companies manufacturing products that contain probiotics, raised concerns with the European Commission concerning how the EU legislation on the labelling of foodstuffs are applied to products containing probiotics.
In particular, the complainant was concerned by the Commission's view that the word «probiotics», when used in relation to foods, suggests to consumers that they will derive a health benefit from consuming these foods. According to the legislation, such «health claims» can be used only when authorised by the Commission based on a scientific assessment by the European Food Safety Authority (EFSA). So far, EFSA has given negative opinions on health claims concerning probiotics, due to the absence of sufficient scientific evidence demonstrating their positive health effects. The complainant argued that the Commission is wrong to consider the term «probiotic» to be a «health claim» and that it should rather consider this term to be a «nutrition claim» or an objective descriptor provided to consumers to enable them to make informed choices about their foods.
European Ombudsman - Case 2273/2023/MIK
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