Commission Directive 2007/29/EC of 30 May 2007 amending Directive 96/8/EC as regards labelling, advertising or presenting foods intended for use in energy-restricted diets for weight reduction (Text with EEA relevance)
Date: 2007-05-30
Institutions: European Commission
Subjects: advertising, consumer information, dietary product, labelling, marketing standard

L 139/22

EN

Official Journal of the European Union

31.5.2007

DIRECTIVES

COMMISSION DIRECTIVE 2007/29/EC

of 30 May 2007

amending Directive 96/8/EC as regards labelling, advertising or presenting foods intended for use in
energy-restricted diets for weight reduction

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 89/398/EEC of 3 May 1989
on the approximation of the laws of the Member States relating
to foodstuffs intended for particular nutritional uses (1), and in
particular Article 4(1) thereof,

Whereas:

(5)

(6)

Allowing claims referring to a reduction in the sense of
hunger or an increase in the sense of satiety under the
condition that
such claims are based on generally
accepted scientific evidence and are well understood by
the average consumer reflects the evolution in the range
and properties of products.

This reasoning is all the more relevant to products for
reduction.
use in energy-restricted diets
Therefore the use of such claims should no longer be
prohibited provided that
the conditions laid down in
Article 13, paragraph 1 of Regulation 1924/2006/EC
are fulfilled.

for weight

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Directive are in
Standing
the

opinion

the

of

(1)

(2)

(3)

Regulation (EC) No 1924/2006 of
the European
Parliament and of the Council of 20 December 2006
on nutrition and health claims made on foods (2) shall
apply from 1 July 2007. It shall apply to foods intended
for use in energy-restricted diets for weight reduction but
without prejudice to the specific rules of Commission
Directive 96/8/EC of 26 February 1996 on foods
intended for use in energy-restricted diets for weight
reduction (3).

Directive 96/8/EC provides that the labelling, advertising
and presentation of
the products covered by that
Directive shall not make any reference to the rate or
amount of weight loss which may result from their use
or to a reduction in the sense of hunger or an increase in
the sense of satiety.

Article 13(1)(c) of Regulation (EC) No 1924/2006 allows
the use on foods of health claims describing or referring
in particular to a reduction in the sense of hunger or an
increase in the sense of satiety under specified conditions.

(1) OJ L 186, 30.6.1989, p. 27. Directive as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(2) OJ L 404, 30.12.2006, p. 9. Regulation as corrected by OJ L 12,

8.1.2007, p. 3.

(3) OJ L 55, 6.3.1996, p. 22.

HAS ADOPTED THIS DIRECTIVE:

Article 1

In Article 5 of Directive 96/8/EC, paragraph 3 is replaced by the
following:

‘3.
the
The labelling, advertising and presentation of
products concerned shall not make any reference to the
rate or amount of weight loss which may result from their
use.’

Article 2

Transposition

the latest,

1. Member States shall adopt and publish, by 30 November
2007 at
the laws, regulations and administrative
provisions necessary to comply with this Directive. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions and
this Directive.

They shall apply those provisions from 1 July 2007.

31.5.2007

EN

Official Journal of the European Union

L 139/23

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

Article 4

This Directive is addressed to the Member States.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Done at Brussels, 30 May 2007.

Article 3

This Directive shall enter into force on the 20th day following
the European
that of
Union.

its publication in the Official

Journal of

For the Commission

Markos KYPRIANOU
Member of the Commission