13 May, 2019

Indication “Contains olive oil” in food products for special medical uses

The indication of “contains olive oil” in food products for special medical uses is one of the nutritional statements included in the Annex of Regulation 1924/2006 that can be used in the labeling of products (as a general rule) provided that they are met the provisions set forth in said Regulation and in its article 5. The aforementioned article 5 details such conditions or requirements to be able to use said nutritional declaration.

Notwithstanding the foregoing, we have to take into account that food products for medical uses have a specific regulation. In this sense, food for special medical uses is regulated in a general way by Regulation 609/2013 and specifically by Regulation 2016/128. In fact, Regulation 2016/128 is mandatory as of February 22, 2019, except for food for special medical uses intended for infants.

In this Regulation we can find clearly and concisely the mention of not including nutritional declarations in the labeling of this type of food, specifically in its article 7 that expressly says: “Nutrition and health claims: No nutritional and health claims will be made in foods for special medical uses.”

Therefore, as established in this Regulation, it would not be appropriate to resort to nutritional and health claims such as “contains olive oil” authorized under Regulation 1924/2006 to promote food for special medical uses, since they are intended for patients suffering from a disease, disorder or condition, which in that sense are not part of the general population. In addition, foods for special medical uses are taken under medical supervision and their consumption should not be encouraged through nutritional statements intended directly for consumers.

If you only comply with Regulation 1924/2006 there will be no problem, but remember that in special law the special law prevails over the general law and, in this case, you must comply with Article 7 cited above of Regulation 2016/128.