REGULATION

Like many food products there is no particular regulation for most of the functional beverage categories. They fall under the same laws, rules and EU regulations applicable to all foods and soft drinks. The only exception is energy drinks – specific requirements are imposed at both EU and national levels.

EU REGULATIONS

Food Information for Consumers Regulation (EU) No 1169/2011 foresees specific provisions on the labelling of energy drinks. The labels must include the indication “High caffeine content. Not recommended for children or pregnant or breastfeeding women” followed by a quantitative indication of the product’s total caffeine content expressed in mg per 100 ml. This legislation is directly applicable in all EU Member States.

The other piece of EU legislation – the Health Claims Regulation (EC) No 1924/2006, is relevant to most of the functional drinks categories as it regulates health and nutrition claims – non-mandatory messages which state or imply that a food has a specific health benefit. Pursuant to Article 13 of the Regulation, the European Commission requests the European Food Safety Authority to provide scientific opinions on a list of health claims. Permitted health claims have been established in a corresponding positive list, which was published in Commission Regulation (EU) No 432/2012. Additionally, the Addition of Nutrients Regulation (EC) No 1925/2006 foresees provisions for the addition of vitamins and minerals and other substances to foods. These EU regulations are applicable to functional beverages if nutrition or health claims are used on labels or in an advertising context, and/or if they contain added substances falling within the scope of the Addition of Nutrients Regulation (EC) No 1925/2006.