European Parliament Narrowly Approves Health Claim for DHA and Baby Food

In the vote, the resolution opposing the plan did not achieve the necessary qualified majority of votes (388), so it was not passed. The vote was 328 votes in favour, 323 against, and 26 abstentions.

4/7/2011 --- Proposals to allow producers to claim that adding the fatty acid DHA to baby food "contributes to the normal visual developments of infants up to 12 months of age" were backed by the European Parliament, when it rejected a move to block them.

DHA (docosahexaenoic acid) is a fatty acid naturally occurring in breast milk. Many baby milk formulas include it as a synthetic additive. Manufacturers applied for permission to make the health claim for DHA added to baby food, including follow-on formulae, for infants from 6-12 months.

The European Food Safety Authority (EFSA) gave a favorable opinion on the application, and the European Commission proposed to add the health claim "DHA intake contributes to the normal visual development of infants up to 12 months of age" to the list of permitted claims. Parliament has until 21 April 2011 to block the claim, if it so wishes.

In the vote, the resolution opposing the plan did not achieve the necessary qualified majority of votes (388), so it was not passed. The vote was 328 votes in favour, 323 against, and 26 abstentions.  So in effect, the European Parliament has approved the plan, under which the health claim can be introduced.

The rejected resolution, drawn up by Glenis Willmott (S&D, UK), Daciana Sarbu (S&D, RO), Nessa Childers (S&D, IE) and Karin Kadenbach (S&D, AT) and tabled by the Public Health and Food Safety Committee for a plenary vote, said that there is no scientific consensus on the effect that DHA-fortified formulae has on infants, that more research is needed on the possible effects, both beneficial and harmful, of DHA supplements and that the health claim could be misleading.

To authorise a health claim, a strict procedure must be followed, including its addition to the relevant Annex of the "Regulation on nutrition and health claims". Parliament and Council may block such implementing measures under the "regulatory procedure with scrutiny". EFSA is responsible for assessing applications by food business operators and evaluates claims on the basis of "generally accepted scientific evidence".

The regulation on the authorisation of the health claim would enter into force 20 days after its publication in the Official Journal of the European Communities. Member States would have to enforce the relevant rules to prevent it being exploited in exaggerated claims to boost sales.

The consumer group,the European Public Helath Alliance (EPHA) said that "A strong political signal has been sent today to the European Commission on the question of the authorisation of health claims, with 328 MEPs supporting the objection to the DHA claim. EPHA welcomes the strong position taken by a majority of MEPs but regrets the lack of qualified majority needed in order to adopt the resolution."

Lacking scientific evidence, the rejection of the claim was strongly recommended by the World Health Organisation, UNICEF, health professionals, children, families, consumers’ organizsations and others, the group claimed.

Monika Kosinska, EPHA Secretary General said “Despite the lack of qualified majority, MEPs have sent a strong message about the need to consider health claims very carefully. If marketing were not effective, companies would not invest in it. Therefore, we need to proceed very cautiously when authorising claims aimed at vulnerable groups”.

MEPs also expressed concerns about the appropriate balance between industry interests and the public interest. Glenis Willmott MEP (S&D, UK), initiator of the Motion for a Resolution stated “It is particularly worrying that the European Commission has seemed resistant to even consider the very valid concerns that have been raised by health and medical organisation. The food industry has been lobbying very hard on this claim, not just in the European Parliament over the last few weeks, but targeting the European Commission and scientific establishment for years”.