‘Health cookies’? It will be true, what does it mean, you can? A legitimate question, pending clarification.
Health claims, the rules
The NHC regulation-‘Nutrition & Health Claims‘ (1)-applies to any commercial food-related information. Including trademarks and trade names attributed to products. On labels, brochures, advertisements, websites and social networks.
Any ‘claim which states, suggests or implies the existence of a relationship between a food category, a food or one of its constituents and health‘ qualifies as a ‘health claim‘ under the aforementioned regulation. (2) And it can be allowed only if it is information included in the list of ‘health claims‘ authorized by the European Commission. (3) As well as in compliance with the conditions and requirements of the NHC regulation.
The ‘reference to benefits general and not specific of the nutrient or food for overall good health or well-being resulting from the state of health‘ — as in fact, the name ‘health cookie’ — in turn ‘is only allowed if it is accompanied by a specific health claim‘ authorized at the EU level. (4)
Consequently, if a cookie is attributed a general health or wellness-related benefit, it is imperative that it carry a specific health claim. Or at least a nutritional ‘claim‘, among those authorized in the EU, (5) wanting to access a more flexible interpretation.
The hypotheses of derogation from EU rules
‘For generic descriptors (names) traditionally used to indicate the distinctiveness of a category of food or drink that could have an effect on human health,’ the Commission may establish appropriate derogations, in agreement with the member states, ‘at the request of the food business operators concerned. (6)
The European Commission at the time worked on a scheme aimed at excluding-among others-the generic descriptors ‘Tonic’ (referring to water), ‘cough lozenges’ and ‘cough syrup,’ health cookie. (7) But the project has dissipated in the mists of Brussels since the last news now dates back to February 2016.
Trademarks registered before 1.1.2005 (e.g. Vitasnella, Linea, Wellness), in turn benefited from an exemption from the application of the regulation, which lasted fifteen years and will expire on 19.1.22.
When the waiver on trademarks registered by 2004 expires, any product bearing a trademark in any way suggestive of health and wellness will have to carry a nutrition claim or health claim that complies with EU rules.
Therefore, the generic reference to ‘health’ in the name of a cookie must be subject to the rules described in the previous section. In the absence of an express waiver, which to date is lacking.
‘Health Cookies,’ what is it all about?
‘Health cookies’ are simply Traditional Food Products, characteristic of the Regions of Liguria-where they are also known as ‘Lagaccio cookies’ (8)-and Piedmont. Their name, per se, is in any case not to be attributed to any health prerogative. Rather to a tradition, in the choice of simple, wholesome ingredients, and slow natural rising.
The quality of health cookies, or Lagaccio cookies, should therefore be verified by looking at the list of ingredients. Where there are fine cookies, where butter is the only source of fat. And inferior products whose ingredient list instead includes palm oil, which has absolutely nothing to do with Ligurian and Piedmontese tradition.
Dario Dongo
Notes
(1) See reg. EC 1924/06 and subsequent amendments
(2) Reg. cit., Article 2.1.5
(3) See reg. EU 432/12 as amended
(4) See reg. EC 1924/06, Article 10.3
(5) The only nutrition claims allowed, it should be noted, are those stipulated in Annex to reg. EC 1924/06
(6) Reg. cit., Article 1.4
(7) Among other things, ‘health cookies’ appear in the register of Traditional Food Products kept by Mi.P.A.A.F., under entry 264 of the Piedmont Region. And they are cited in bibliographies predating the NHC regulations, such as Luigi Cremona, L’Italia dei dolci, Touring Editore, 2004, p. 269. The preconditions for the application of the exemption therefore indeed exist
(8) Lagaccio is the name of a historic working-class hillside neighborhood in West Genoa. V. http://www.ligurianotizie.it/storia-del-biscotto-lagaccio-del-principe-doria/2016/05/28/203598/
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
