Article 4

By 19 January 2009, the Commission shall, in accordance with the procedure referred to in Article 24(2), establish specific nutrient profiles and the conditions, including exemptions, which shall be respected for the use of nutrition and health claims on foods and/or categories of foods. These nutrient profiles established for food and/or certain categories of food, and the conditions for the use of nutrition or health claims with respect to the nutrient profiles, shall be laid down taking into account in particular: the quantities of certain nutrients and other substances contained in the food, such as fat, saturated fatty acids, trans-fatty acids, sugars and salt/sodium; the role and importance of the food (or of categories of foods) in the diet of the population in general or, as appropriate, of certain risk groups including children; the overall nutritional composition of the food and the presence of nutrients that have been scientifically recognised as having an effect on health. The nutrient profiles shall be based on scientific knowledge about diet and nutrition, and their relation to health. In setting the nutrient profiles, the Commission shall request the Authority to provide, within 12 months, relevant scientific advice, focusing in particular on: whether profiles should be set for food in general and/or categories of food; the choice and balance of nutrients to be taken into account; the choice of reference quantity/basis for profiles; the approach to the calculation of the profiles, and testing of a proposed system. In setting the nutrient profiles, the Commission shall carry out consultations with interested parties, in particular food business operators and consumer groups. Nutrient profiles and their conditions of use shall be updated to take into account relevant scientific developments in accordance with the procedure referred to in Article 24(2). By way of derogation from paragraph 1, nutrition claims referring to the reduction of fat, saturated fatty acids, trans-fatty acids, sugars and salt/sodium shall be allowed without reference to a profile for the specific nutrient/s for which the claim is made, provided they comply with the conditions laid down in this Regulation. Beverages containing more than 1,2 % by volume of alcohol shall not bear: health claims; nutrition claims, other than those which refer to a reduction in the alcohol or energy content. In the absence of specific Community rules regarding nutrition claims referring to the reduction or absence of alcohol or energy in beverages which normally contain alcohol, relevant national rules may apply in compliance with the provisions of the Treaty. Foods or categories of foods other than those referred to in paragraph 3, for which nutrition or health claims are to be restricted or prohibited, may be determined in accordance with the procedure referred to in Article 24(2) and in the light of scientific evidence.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-08 · Text as adopted (Official Journal); later amendments are not incorporated in this text.