In Europe, food and drink makers looking to capitalize on the growing gut health trend face significant challenges due to stringent health claims regulations. The rising interest in gut health, which began with niche products in health stores, has now reached the mainstream. However, companies innovating with probiotics and prebiotics to support microbiome health are restricted in what they can say on their packaging.
The EU’s Strict Health Claims Regulations
Since 2012, the European Union has effectively banned the use of the terms “probiotics” and “prebiotics” on food labels. The European Commission views these terms as health claims, meaning no product can make specific claims about probiotic or prebiotic strains. Exceptions exist for certain strains like Lactobacillus and Bifidobacterium, commonly used in fermented dairy and lactose intolerance products. As a result, the EU has some of the strictest health claims regulations globally.
Consumer Interest vs. Regulatory Restrictions
Despite these restrictions, consumer interest in probiotics is growing in countries like France, Germany, Spain, and the UK. Data from Lumina Intelligence indicates that more people are aware of probiotics and are seeking related information. This interest has not stopped innovation but has pushed brands to find creative ways to communicate the benefits of probiotics without making explicit health claims.
Creative Branding and Language
Brands are getting creative with their product names and descriptions to imply probiotic benefits without violating regulations. Terms like “bio,” “cultures,” “biocultures,” “biotics,” and “strains of live bacteria” are commonly used. For example, the UK brand Biomel uses “bio” in its name and the tagline “Love Your Gut.” Similarly, a collaboration between Zoe and Marks & Spencer in the UK has resulted in a product called Gut Shot, which contains “more than five billion live cultures from 14 strains of bacteria.”
Another strategy is to include vitamins or minerals that have approved health claims related to gut health. For example, calcium supports the normal functioning of digestive enzymes. By adding calcium and using related imagery, brands can indirectly highlight gut health benefits.
Challenges and Workarounds
Some products, like kombucha, already have positive associations with gut health due to their natural fermentation processes. However, brands like the UK-based Momo Kombucha cannot explicitly claim their products contain probiotics. Instead, Momo emphasizes other product qualities, such as being “raw” and “completely unfiltered,” and relies on consumer awareness of authentic kombucha benefits.
Regulatory Changes on the Horizon
While many brands adhere to current regulations, others risk non-compliance, especially online where enforcement is less stringent. However, changes may be on the horizon. Some EU member states, including France, Spain, Denmark, Italy, Greece, Poland, the Czech Republic, the Netherlands, and Bulgaria, now allow the term “probiotic” on food supplement labels. Russia and Italy have long permitted this, and Switzerland allows restricted use.
A formal complaint against the European Commission has been submitted to the European Ombudsman by a business association representing probiotic manufacturers. The complaint challenges the classification of probiotics as health claims requiring prior authorization by the European Food Safety Authority (EFSA). This complaint could potentially lead to a relaxation of regulations if the Commission rethinks its stance based on scientific evidence and market data.
In conclusion, while Europe’s strict health claims regulations present significant challenges, food and drink makers are finding innovative ways to navigate these rules and communicate the benefits of probiotics and prebiotics to consumers. The evolving regulatory landscape may soon offer more flexibility for these health claims.
