Changes in Regulation of Sports Nutrition Products & Compliance

Mark Gilbert, Vice Chair ESSNA

Food Matters Live 22nd – 24th November 2016, London

ESSNA, Sports Nutrition Regs & Compliance

Today…

Who are ESSNA?

Sports Foods “freed” from uncertainty

More work to do with the EC for appropriate regs

Compliance - for safety & our good name

…and Doping, Protein Labelling & Health Claims

Who are ESSNA?

Global alliance of biggest players in sports nutrition industry…Focus - EU

Founded 2003 – when EU was planning new regs to tightly regulate SN products

Work to influence all regulations affecting SN industry

Work to improve the reputation of the industry:

─ engagement with the press and media

─ tackle non-compliant products

Doping & sports nutrition (Feb 2015) – Our Chair currently at conference on subject

Forum for discussions: working groups - protein, claims and doping

ESSNA activities

Political influence

• Dialogue with key policy makers in EU

• Lobby for favourable outcomes for the sports nutrition

• Shape legislation & ensure proportionate enforcement

PR

Communications

• Improve perception - consumers & legislators

• Press now come to us first for comments on SN

• Proactively debunk myths

• Work on social media

Compliance

• Help police the market

• Protect responsible businesses

• Engage with enforcement authorities

• Tackling inadvertent doping

Platform for discussions

• Tap into member expertise to assess impact of issues, reach consensus = take action.

• Working groups health claims, protein & inadvertent doping

Regulatory advice

• Provide regulatory updates from our experienced team

• Regular intelligence - inform of the latest developments & how they affect the sector

ESSNA Members

• Aminolabs Group

• Arla Foods Ingredients

• B-Active

• Bodybuilding.com

• Body Temple UK

• Bulk Powders

• Calleva

• Cambridge Commodities

• CNP Professional

• Cornelius Group

• Cytosport

• DCC Health &Beauty Solutions

• Direct Food Ingredients

• Enervit

• EssentiaMetabolic Proteins

• Fitness Boutique

• Fonterra

• FrieslandCampina

• Future Nutrition

• General Nutrition Corporation

• Glanbia Performance Nutrition

• Grenade

• Healthspark

• Herbs in a Bottle

• High Five

• Iovate Health Services International

• International Taste Solutions

• Kerry EMEA

• Kinetica

• LGC

• Lipidchem

• Lonza

• MaxiNutrition

• MedixLaboratories

• myprotein.co.uk

• NBTY Europe Ltd

• NSF International

• Nutraveris

• PhD Nutrition

• Prinova Europe

• Prometeus

• Sci-MX Nutrition

• ScitecNutrition

• Smart Nutrition

• Sports Integrated

• Stepan Speciality Products

• TasteTech

• Tropicana Health and Fitness

• USN UK

• Van Eeghen

• Vitamin Center

• Volac

• Weider Germany

Regulatory Change - “PARNUTS”

Previously…PARNUTS (1989) - “Special Regulation”

Foods for “Par”ticular “Nut”ritional uses

Def’n: “food intended to meet the expenditure of intense muscular effort”

Since ESSNA was formed, SN was in an uncertain reg framework

-Impose compositional or labelling regs? …“uncertainty”

ESSNA has been trying to resolve this for > decade

PARNUTS to General Food Law

Success!!

“Dietetic Foods (PARNUTS - 1989)” —> “General Food Law [July]”

So, no extra compositional & labelling criteria required for SN

General Food Law

“Normal” General principles of existing food law

Additives Regulation

Flavouring Regulation

Food Information to Consumers Regulation

Nutrition and Health Claims Regulation

Fortified Foods Regulation

BUT…Sports Foods are “Specific”

PARNUTS became FSG (Foods for Special Groups)

Discussions during this transition

- Report Needed…specific provisions for sportsmen?

Commission has ordered a market report (after consultations w ESSNA & EFSA opinion)

The report notes an “element of specificity” of SN may need to be considered

-Which ESSNA had been seeking…sports people’s specific needs to be recognised

Sports People’s Specific Needs

Fortunately, NHCR already recognises this

Imp. for Function of the internal market (i.e. barriers to trade)

Claims Authorisation - Proportionate, Consistent & Evidence-Based

Exemption from nutrient profiles (if developed)

ESSNA currently meeting MEPs & Member State Reps to ensure

understanding of report & ESSNA’s position…challenges remain

Compliance

SN - Rapid Growth…Hitting Mainstream

Perceived Benefits > Risk

Threat: Bad Press - consumer safety, doping, claims

Combat with “Compliance”

Problem: Non-compliance by a few rogue companies

- Can harm consumers (sometimes fatally)

- Damage reputation…even for the “good guys”

Not a matter of law but “enforcement”

- Law already prohibits ingredients & claims

ESSNA Non-Compliance Campaign…

ESSNA Non-Compliance Campaign

Member Code of practice

Liaise & work with EC, EFSA, FSA, FCU, MHRA to encourage enforcement

Help police by acting on reports

Contact offenders

Escalate to enforcement body(s) if necessary

= Safer products, avoid more strict legislation & better reputation…

Questions and Answers on ESSNA’s Activity