EURO COOP, 15 January 2004

EURO COOP welcomes the Commission proposal for a Regulation COM(2003)671 of the European Parliament and the Council on the addition of vitamins, minerals and certain other substances to foods which aims to harmonize such rules across the EU.

Consumers today are faced with an unregulated market of fortified products often presented as 'better' or 'healthy', even if sometimes not scientifically proven. Already in 2000, EURO COOP warned that foods with added nutrients were being marketed in ways that makes consumers believe that they are necessary or will be beneficial for health, although these products are often of bad dietary value. We are therefore pleased that the Commission has since heeded the EURO COOP call and has taken this legislative initiative, which should ensure better consumer safety and public health protection.

However, EURO COOP regrets that the Commission has not fully seized the opportunity to bring major improvements to the existing situation - as it did recently via the Proposal COM(2003)424 on nutritional and health claims. Our main concern is that the conditions of use of fortification are not restricted enough in the proposed Regulation. EURO COOP is not opposed to voluntary food fortification per se; however, we believe that it should only be allowed when a consumer benefit can be scientifically proven, when this benefit cannot be provided by a normal and balanced diet and when a public health impact assessment allows it. This is particularly important now that it is widely recognised that nutrition and healthy diets are key to reducing obesity and many chronic diseases on the rise in Europe.

The following comments explain more fully the EURO COOP position on the Commission proposal on fortified foods. EURO COOP requests the EU Institutions to consider the following points:

• EURO COOP is concerned about the conditions of use of food fortification

EURO COOP would like to reiterate its comments of November 2000 concerning the raison-d'être of food fortification and stresses that voluntary food fortification, as produced and marketed today, sometimes raises ethical concerns. As stated above, the claimed health benefits of fortified products are not always clearly demonstrated or based on any scientific evidence. On the contrary, consumers today face a situation where fatty, salty or sugary products are presented as 'healthy' and they buy and eat them in good faith - although it is scientifically proven that an excess of such nutriments leads to public health problems. In addition, products with added nutrients which are usually substantially more expensive than 'standard' products, are progressively replacing the latter, leaving little or no choice for consumers.

Bearing the above in mind, EURO COOP would like to comment two specific points of the proposal linked to the conditions of use of fortification: the definition and restrictions of use.

1. Definitions (Article 2 of the proposal)

As mentioned above, EURO COOP believes that food fortification should be allowed only when a clear consumer benefit can be scientifically proven, when this benefit cannot be provided by other means than through a normal and balanced diet, and when a public health impact assessment allows it. We want to underline that EURO COOP is not opposed to the voluntary addition of nutrients to food by manufacturers, and recognises that in some cases it can be beneficial to consumers. However, we urge the European Parliament to impose further restrictions on the production and marketing of these products.

EURO COOP is concerned that the proposed definition of fortification does not go in this direction. We believe that the expression "evolving generally accepted scientific knowledge on the role of vitamins and minerals in nutrition and consequent effects on health" (article 2, (4) (d)) is far too vague. Both the Explanatory Memorandum and Recital 10 of the proposed Regulation state that achieving "optimal health" could be a condition of use of fortification. EURO COOP is very concerned that this vague expression contradicts the Commission intention to ensure consumer protection. On the contrary, it risks resulting in a vast use of fortification at national level.

EURO COOP believes that, ideally, fortification should be authorized only when significant population groups have been demonstrated to have intakes below recommendations. Given that, as mentioned in the Explanatory Memorandum, nutrient deficiencies are not very frequent nowadays, EURO COOP acknowledges that this requirement would considerably limit the number of fortified products on the market. If the raison d'être were to be much broader than this requirement, then EURO COOP believes that the conditions set-out below should be met.

2. Conditions of use (Article 5 of the proposal)

EURO COOP welcomes the Commission attempt to disallow fortification of certain categories of food products. However, we believe that article 5 does not go far enough.

EURO COOP strongly recommends the European Parliament and the Council to follow the same approach as that enshrined in the Commission proposal on claims regarding the adoption of nutritional profiles for foods. We believe that such profiles should also be used as a benchmark to allow food fortification in Europe: foodstuffs having an inappropriate nutritional profile should not be fortified. This would ensure legal consistency as well as better consumer protection. EURO COOP, very alarmed by the rise in obesity across the European Union, believes products high in fat, salt, or sugar, such as crisps or sweets, are not appropriate for the addition of nutrients. They are particularly attractive to young people who may believe that they are eating their daily amount of vitamins, minerals and fibres without considering their full dietary needs. Addition of nutrients to food should therefore be limited to basic foods. This is particularly important for children.

EURO COOP urges the European Parliament and the Council to adopt nutritional profiles, which should be established by reference to the amounts of fat, sugars and salt. We would very much welcome an open and transparent discussion on the establishment of such profiles.

EURO COOP indeed considers that addition of vitamins, minerals and certain other substances to foods can be dangerous if consumed inappropriately. People suffering from obesity or cardiovascular diseases could be encouraged to eat fortified foodstuffs thinking they lead to better health whereas they are in fact eating a product with a high fat, salt or even sugar content. EURO COOP strongly believes that fortification should be limited to basic foods, and to nutrients for which a real need has been identified within the European population.

EURO COOP would also highlight the possible long-term effects of the consumption of these fortified products. A public health problem could occur if consumers eat more substances than they really need. Fortified food can encourage over-consumption of vitamins, minerals and other substances used in fortification due to the misunderstanding of consumers that more is essentially better, which may lead to serious health effects (e.g., vitamin A). Fortification of inappropriate foods can lead to their over-consumption and, if eaten to excess, result in obesity and the associated, inherent health problem (e.g., heart disease).

EURO COOP worries about the non-specific nature of the article regarding restrictions on the addition of vitamins and minerals with respect to fresh non-processed produce. We urge the Commission to clarify this article and to consider other product groups.

EURO COOP supports the proposal to prohibit the addition of vitamins and minerals to fresh produce and alcoholic drinks, but worries about the restrictive list. Vitamins and minerals should not be added to product groups inter alia high in sugar, salt and fat (commonly called "junk food").

• EURO COOP agrees that maximum and minimum limits must be established but underlines that country-specific nutritional needs must be taken into account

EURO COOP agrees with the Commission proposal that there should be maximum and minimum limits set for all vitamins and minerals used in fortified food. We believe that such measures are essential to ensure the safety of these products. On the one hand, inappropriate use could lead to an intake exceeding desirable levels and result in health problems (e.g., vitamin C). On the other hand, the setting of a minimum limit is necessary to avoid the production and marketing of false and misleading products claiming to remedy all ills.

However, EURO COOP underlines that specific nutritional needs must be respected when establishing maximum and minimum limits. We believe that nutritional needs vary among European consumers; we therefore doubt that Europe-wide minimum or maximum levels would be appropriate. For instance Vitamin D supplements are often necessary as an addition to the Scandinavian winter diet but would rarely be required in the southern Mediterranean countries. Therefore, we would like to see country-specific limits established taking into account the precautionary principle.

• EURO COOP welcomes the Commission approach of the positive list and the purity criteria but is quite concerned about some minerals included in the list

EURO COOP welcomes the Commission approach of the positive list of authorised nutrients but has some concerns about including sodium and chloride. We do not see any reason to fortify foods with these particular minerals when there is evidence that European consumers are already eating too much sodium chloride (salt).

We agree that composition of nutrients should be based on the composition doses and purity criteria.

• EURO COOP considers that additional labelling requirements should be included

EURO COOP warmly welcomed the proposed Regulation on nutritional and health claims made on food adopted by the Commission on 16 July 2003. This new legislative text will be key to controlling claims made on fortified products.

EURO COOP welcomes the Commission proposal that nutritional labelling should appear on all fortified foods. EURO COOP has indeed called for compulsory nutrition labelling for many years.

However, EURO COOP believes that additional labelling requirements should be included in the proposal to further ensure consumer protection, in particular :

• The Recommended Daily Allowance (RDA) should be stated clearly on labels to guide consumers in the use of the product;
• In some circumstances, compulsory statements or warnings on maximum intakes should be given on the labels;
• EURO COOP believes that a clear statement that "the products should not be used as a substitute for a balanced and varied diet" should appear on fortified foodstuffs.

In conclusion, EURO COOP considers that the issue of fortified products is linked to the ongoing initiative on nutritional labelling. In this context, EURO COOP would like to reiterate its concerns about a parallel proposal, which has a bearing on this proposal - namely the review of the Nutrition Labelling directive (90/496/EC) - which is proceeding at a slower pace. We urge the Commission to ensure both these texts and processes are mutually consistent and compatible.