According to the Nutrition and Health Claims Regulation, trademarks and brand names with a nutrition or health claim embedded in their name, graphics or visuals that could lead to consumer interpretation of a nutritional or healthy characteristic of the product, should be accompanied by a specific and authorized claim of relevance.
Trademarks and brand names existing in the EU before January 1, 2005 have benefited for nearly 15 years from a temporary exemption to the Nutrition and Health Claims Regulation. However, the end of the transition period is approaching with only 18 months left for January 19, 2022. Companies need to prepare for this deadline in order to get fully compliant with the Claims Regulation.
If there are no specific, relevant claims to accompany the general claim made on the trademark or brand name, these will not be allowed and will have to be changed or removed.
When health claims have not been authorized but they are pending an assessment by EFSA or a decision by the European Commission ( so-called ‘on-hold’ claims), certain trademarks or brand names may be able to use these claims and benefit from a transitional period until a decision is made by the European Commission, subject to applicable national rules.
In conclusion, with only 18 months left to bring labels and advertising in accordance with the Claims Regulation, it is recommended companies start revising their artworks and advertising material.