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The Positive List for health claims – implementation in Norway
On 16th May this year the European Commission approved 222 health claims which are allowed in advertising and labelling of food products.
Regulation 1924/2006 on nutrition and health claims made on foods was created to prevent misleading advertising, create equal conditions of competition between manufacturers of food products within the EU, and to ensure that the consumers get correct and accurate information about food products.
An important step of ensuring harmonization between the member states in this area is the establishment of the so-called Permitted List of “general function health claim” and their conditions of use. The Commission has already approved 222 health claims by adopting Regulation 432/2012. The rejected health claims have been published in the EU Register of nutrition and health claims made on foods
In the European Union, Regulation 432/2012 applies from 14th December 2012. This means that for a transitional period, both the approved claims and the rejected claims can be used. After 14th December 2012, only approved claims mentioned in the Positive List are allowed.
Norway is not a member of the European Union. The Norwegian Food Safety Authority has stated that the transitional period in the EU will also apply in Norway. Unless the implementation of the Regulation into national law is delayed, businesses operating in Norway will also have to adapt to the EU rules.
Regulation 432/2012 must first be adopted by the EEA-agreement, and then be implemented into national law. It is uncertain if this will happen within 14th December 2012.
If the national implementation of Regulation 432/2012 is delayed, the transitional period in Norway will be extended to the date of the implementation.
Claims that were sent to the Commission within January 2008 but have yet to receive a final decision may still be used provided they are in accordance with the provisions of Regulation 1924/2006