But the good will if necessary is not enough

The health food market, i.e. those who claim a profit on a function of the body, is estimated at 35 billion euros worldwide in 2009. It is one of the most dynamic segments, with an average growth of 5 to 7 per year. So that the consumer has his account, must but, be that the virtues attributed to products are true. However, so far, it was enough that they are likely. Until July 2007, the assessment of the allegations was indeed carried out by each country, and a posteriori. Industrial accounts hardly had to make, unless the DGCCRF (General Directorate of competition, consumption and the repression of fraud) considered a claim likely to "deceive the public".

The development of this market and the different treatment of these products from one country to another have led to wish a harmonisation and an ethical conduct at European level, for better protection of the consumer. Hence the European regulation of January 20, 2006, applicable since July 2007. This new regulation imposes on all product with a new allegation obtaining, prior to marketing, permission of Efsa (European food safety authority), on the basis of a rigorous scientific record. For existing products, they will have six months to rule once the opinion of the Efsa published in the Official Journal of the European communities. A panel of 21 scientific experts was responsible for establishing the list of the authorized among more than 4,000 allegations for examination. A first batch of 417 evaluated allegations was made public in October 2009 (but not yet published in the "official journal") and the next is expected by the end of the month.

Unclear requirements

For manufacturers, it is a major environmental change. Need to revise increase the budget for development of this type of products and learn how to meet the requirements of the Efsa. According to the national Union of producers of additives and food ingredients, the development of a new carrier of a functional claim ingredient takes more than five years and costs 3-6 million euros in R & D to achieve a "probable" health claim To achieve a level of evidence "convincing", need to add 1 to 5 million euros and devote more than three years. "It places a high bar of innovation, at the risk of deterring small businesses to launch recognizes Sylvie Bardon, responsible partnerships in the food of the Inra Department.". Although there are exceptions, such as the British company Provexis, who was one of the first to see its product, Fruitflow, approved by the Efsa. "This soluble tomato concentrate helps maintain a normal platelet aggregation. "In France, small businesses can get aid from OSEO and poles of competitiveness for their clinical trials," observes, for its part, Christophe Ripoll, Naturalpha Scientific Director, a company that conducts clinical trials in the field of nutrition.

Adapt to technical requirements of the Efsa is another challenge. "Some do not hesitate to accuse the kill innovation, watching Sean Strain, Member of the scientific panel of Efsa, in a recent symposium organized in Paris by the French society of nutrition. It is true that the Efsa should be more clear on the type of scientific evidence that it expects and more consistent in the view that it makes. "But the industry must also learn to create a scientific record argued, this is not necessarily in their culture. The results of the review of the first batch of allegations by Efsa are sufficient to be convinced: only 15 of them have been validated. Among the main weaknesses of generic records is "a bad definition of the product" (60 of cases). This is the case of probiotics (bacteria supposedly beneficial for intestine) block denied. "A vague designation does not, said Ambroise Martin, Member of the panel of experts of Efsa.". We ask that a characterization of strain by molecular biology techniques.

Asset to major groups

Another weak point of records: the absence of relevant scientific studies. Here, large groups such as Nestlé and Danone, which are equipped with laboratories, were one step ahead. "The European regulation protects investments of companies such as Nestlé, based since long innovation for health on a real scientific research claims", welcomed the head of R & D of the Swiss group communication. This hollow indeed still the gap with their competitors, including brands. "This does not change to the strategy of Danone, which builds on healthy foods to fuel its growth", said for his part Agnès of Anthonay, head of communication health nature of the group, whose products Activia, Actimel and Danacol represented to them only a quarter of sales in 2009. "What change, pursues it, is how it will build the scientific studies to meet the requirements of the Efsa.". An industrial member of the Colloquium of the French society of nutrition hesitated, for its part, to confess in whisper: "it took good advantage, now going to have to work.

But the good will, if necessary, is not enough. Efsa is aware of the need for better dialogue with the industry, even if "it is not possible to hold a preliminary meeting on each folder. It is in this context that the panel experts had met the applicants of allegations, last June, to better identify the assessment process and get directions. And they are always applicants.

What some call a "gas factory" regulatory had a little lose sight of the consumer. To avoid that the industry does away too formulation validated by the Efsa, it might be confronted with relatively esoteric formulations, such as: "phytosterols have shown their ability to reduce cholesterol in the blood", if it sticks to the translation Word for Word the wording in English. Fortunately, as argued with an unintentional irony a representative of the Efsa: "industry do not have to prove that the consumer understands."