It’s Finally Happening! Changes in Legislation

for Sports Nutrition Products

Nick Morgan, Managing Director, Sports Integrated Vice-Chair of ESSNA

Food Matters Live 2015

18th November - ExCeL, London

When? 2003, when Europe was planning a new law to

tightly regulate sports nutrition products

Why? Organise the sector to enter into dialogue with

legislators and prevent a serious adverse impact upon the market

Protect potential for innovation

About

Today pan-European trade-association with 52 members

Activities broadened from March 2013 and February 2015 to

include:

Compliance

• Police the market to improve reputation of the sector

• Protect responsible European sports nutrition businesses

• Foster engagement with enforcement authorities

• Consumer protection • Tackling inadvertent

doping

Communications

• Improve consumers and legislators perceptions

• Press turns to first for

comments on sports nutrition issues

• Proactively debunk

myths • Work on social media • ESSNA Conference

Working Groups

• Tap into members expertise to assess impact of issues, reach consensus, and take action on: o Health Claims

WG

o Protein definition WG

o Anti-doping WG

ESSNA members

• Adams Food Ingredients

• Aminolabs

• Arla Foods Ingredients

• Bodybuilding.com

• Body Temple UK

• Bulk Powders

• Cambridge Commodities

• CLF Distribution

• CNP Professional

• Cytosport

• DCC Health & Beauty Solutions

• Direct Food Ingredients

• Dymatize

• Enervit

• Essentia Metabolic Proteins

• Fitness Boutique

• Fonterra

• FrieslandCampina

• Future Nutrition

• General Nutrition Corporation (GNC)

• Glanbia Performance Nutrition

• Grenade

• Healthspark

• Herbs in a Bottle

• High Five

• Iovate Health Services International

• Kerry EMEA

• Kinetica

• LGC

• Manumixx

• MaxiNutrition

• Medix Laboratories

• MP Bio Science

• myprotein.co.uk

• NBTY Europe Ltd

• NSF International

• Nutraveris

• PhD Nutrition

• Prinova Europe

• Prometeus

• Sci-MX Nutrition

• Scitec Nutrition

• Smart Nutrition

• Sports Integrated

• Stepan Speciality Products

• Tropicana Health and Fitness

• USN UK

• Vitamin Center

• Volac

• Weider Germany

• Weider Publishing

Today we will update you on:

ESSNA’s non-compliance campaign

The potential end of sports nutrition’s regulatory limbo

Tackling inadvertent doping

PA

RN

UT

S

• Directive 2009/39/EC Foods for particular nutritional uses

• Suitability statement • Annex 1- foods

intended to meet the expenditure of intense muscular sportsmen

• Article 12- National provisions

• Drinks and powders? • Directive 96/8/EC on

meal replacements for weight control

• Directive 953/2009 addition of substances

• Regulation 609/2013 on Foods for Specific Groups

• Commission report on the necessity of additional rules to ensure adequate protection of sports food?

• EFSA consultation • Repeals PARNUTS +

abolishes ‘Dietetic Foods’ from July 2016

• 3 year transition period + full sell through

• GFL from 20th July 2016

• Even if specific provisions are suggested, which would not become applicable until later this decade

• Meal replacements for weight control

Genera

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Fo

od

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Sports nutrition- to the future

Future of sports nutrition under GFL!

Too narrow vs too broad- what is the right balance?

1. General Food Law- adaptations and opportunities

2. Need proper functioning of the internal market

3. Doping and sports nutrition- an appropriate framework for regulating doping substances and industry responsibility

ESSNA’s non-compliance campaign

Non-compliance campaign

How does it work?

Members raise alert Mainly against the online sale of products containing illegal and dangerous ingredients, EU-wide

ESSNA contacts manufacturers/sellers/advertisers on behalf of members Drawing attention to issues and asking them to comply with the law

ESSNA contacts enforcement authorities Drawing attention to persistently non-complying firms and/or those that do not respond to our letters – and building relationships with relevant enforcement authorities

Remove illegal products from the market Increase consumer confidence and safety Improve the reputation of the sector

First two and half years of activity

A total of 85 alerts have been raised and acted upon:

59 resolved informally

20 escalated to an enforcement authority

6 on-going

Membership: interest from 8 companies approached; 3 have already joined ESSNA directly as result of their own non-compliance; others indirectly as a result of campaign

Key issues: prohibited substances and products (DMAA), outrageous claims, adherence to previous official rulings/ enforcement

PR campaign

Use media – and social media – to get ESSNA’s message out and to warn of the dangers of sports supplements containing illegal ingredients, supporting the non-compliance campaign

Tackling Inadvertent Doping

Through an expert Working Group drawn from membership

Aim

• To work with ESSNA members to minimise the risk of inadvertent contamination • To tackle negative perceptions of the sports nutrition sector amongst many in the field of anti-doping

Objectives

• To improve the image of sports supplementation with a variety of stakeholders • To ensure that ESSNA’s internal rules are clear, robust and assist members, and can withstand scrutiny in the face of a

doping challenge • To complement ESSNA’s broader objectives

Plan of action

1 Reduce inadvertent doping resulting from contamination of sports nutrition products

2

Code of practice

3

Consumer guide

First European Week of Sport – ESSNA Brussels Conference

European Week of Sport - 7-13thSeptember across Europe

• EC presentation: Sports nutrition in

Europe • EC presentation: Mutual

Recognition • ESSNA presentation • Panel discussion: Sports nutrition

and anti-doping • Round table: ESSNA, SNE and

UNESDA

ESSNA Conference: “SPORTS NUTRITION IN EUROPE POST-PARNUTS AND ANTI-DOPING”

ESSNA activities clearly show that there is a way forward to

cooperate in tackling manufacturers, distributors and retailers

of non-compliant products – but need help from enforcement authorities

Responsible companies have the opportunity to work with ESSNA to create a transparent, clean and well-functioning

sports nutrition market so we can achieve our objectives with legislators

The next few months are crucial for our sector, in view of

the Commission’s ongoing report into the possibility of adopting specific regulation for sports nutrition products

Take-home

ESSNA also working to tackle inadvertent doping to

address key concerns from policy-makers and improve reputation of sector

www.essna.com

info@essna.com

@ESSNASports

Thank you, Nicholas Morgan, ESSNA Vice-Chair

nickmorgan@sportsintegrated.com

1. Adapting GFL- threats and opportunities

Nutrition and Health Claims Regulation (NHCR- Regulation 1924/2006)

Must take into account the specific needs of sports people Nutrient profiles / right to market / confidence and trust

Food Information to Consumer Regulation (FIC- Regulation 1169/2011)

Protein Definition Sodium/Salt labelling

Terms such as “sport”, “exercise” not as an implied health benefit but as instructions of use

Fortification legislation (Regulation 1925/2006) Some minimum levels for fortification may not be feasible: electrolytes Addition of certain substances under 953/2009- addition possible under

General Food Law or Novel Foods?

More why GFL?

Sports nutrition concept- formulated products that aim to support their target audience in achieving consumption of the right amount of nutrients at the right time and in a convenient format, whilst also providing accurate and truthful information on its intended use, so that the target audience can make informed choices

• Not vulnerable people, but sub-group of the general population with specific needs when active

• Wide range of products no longer clearly distinguishable from general foods

• General food law principles = consumer protection and safety

• Communications with consumers

• Need for innovation, ongoing scientific research and product development

not restrictive legislation with fixed compositional criteria

BUT certain adaptations of GFL needed

Harmonised legislation

2. Proper functioning Internal Market

National legislation

• Has been hampering the functioning of the internal market – guarantees needed to prevent national legislation from being established or existing legislation maintained

• French decree on caffeine and creatine in food supplements – a test case?

NHCR

• Opportunity for uniform application and enforcement of the claims and their conditions of use across the EU? On-hold caffeine claims?

• Article 22 NHCR?

• Uniform enforcement and implementation needed of EU legislation framework and principles already in place

Compliance

• Commercial investment for businesses complying with EU framework needs to be rewarded

Harmonised EU legislation – no national legislation

Non-harmonised But mutual recognition principles to promote IM