When a trade mark or a brand name of a food implies that the food has particular characteristics related to health or nutrition, the Regulation (EC) No 1924/2006 on nutrition and health claims must be considered in its use. In fact, such trade marks or brand names may only be used when accompanied by a specific, authorised nutrition or health claim.
An exemption to this are foods the trade mark or brand name of which has already been in use before 2005. For such trade marks or brand names, a long transition period was granted, but it will come to an end in the beginning of next year. From 19 January 2022, only foods with trade marks or brand names which are fully compliant with the Claims Regulation may be marketed.
In practice, this means that for any foods marketed with brand names not compliant with the Claims Regulation, the best before date or the use-by date should be before 19 January 2022.
The Medfiles Food & Nutrition team will help you check whether we can find the right health claim for your product to help specify the trade mark or brand name and continue its use. Our experts have strong expertise in nutrition and health claims legislation. For more information, please contract our team – we are always happy to help!
Regulatory Affairs Manager, Food & Nutrition
Mob. +358 44 700 1211