Health & nutritional claims: Italy issued Decree on sanctions

[quote align=”center”]Published in the OG of the Italian Republic n. 64, 17 March 2017, the Legislative Decree n.27, 7 February 2017, “Penalties for breaching the provisions of Regulation (EC) n. 1924/2006 on nutrition and health claims made on foods”.[/quote] Italian Decree lay down rules for penalties for breaching the provisions of Reg. (EC) n. 1924/2006 more than 10 … Continued

[quote align=”center”]Published in the OG of the Italian Republic n. 64, 17 March 2017, the Legislative Decree n.27, 7 February 2017, “Penalties for breaching the provisions of Regulation (EC) n. 1924/2006 on nutrition and health claims made on foods”.[/quote]

Italian Decree lay down rules for penalties for breaching the provisions of Reg. (EC) n. 1924/2006 more than 10 years from its entry into force, except as provided to Legislative Decree n. 145, 2 August 2007, and to Legislative Decree n. 2016, 6 September 2005, (consumer code), pertaining to the functions of Italian Competition Authority (AGCM).

Italian Decree is made up of 14 articles and provides exclusive competence of the Italian Health Authorities (Ministry of Health, Regions, autonomous provinces of Trento and Bolzano and local Heatlh Autorities), to date competence was scope of intervention of AGCM.

Penalties shall cover the use of nutrition and health claims not permitted by European regulations,   that “give rise to doubt about the safety and/or the nutritional adequacy of other foods”, which “encourage or condone excess consumption of a food”, nutrition and health claims not referred to “ready for consumption in accordance with the manufacturer’s instructions”, “reference to general non-specific benefits of the nutrient or food for overall good health or health-related well-being made and not accompanied by a specific health claim included in the lists provided for in Article 13 or 14”.

The most serious penalties (max 40 thousand euros) are provided in case of suggestions that “health could be affected by not consuming the food”, referring to the “rate or amount of weight loss”, making reference to “recommendations of individual doctors or health professionals and other associations”, unless they are authorized by special rules provided in Italy.

In the case of recurrence of penalties, the Regulation provides inhibition by commercial activities up to 20 days.

This Decree doesn’t confirm proportional criterions used up to now in AGCM decisions and neither its considerable amounts but provides a generalized approach and substantial reduction of the sanctions.

The Decree will enter into force by 1 April 2017.

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