Sports nutrition regulation: taking the opportunities and heading off

the threats

Claudia Mucciardi, Vice Chair of ESSNA Regulatory Affairs Manager, EMEA, Glanbia Performance

Nutrition Food Matters Live

Tuesday 21st November @ESSNASports

Who are ESSNA?

Pan-European alliance of key players in the sports nutrition industry, both global and European

Launched in 2003 – when Europe was planning a new law to tightly regulate sports nutrition products

Works to influence all regulations affecting the sports nutrition industry

Works to improve the reputation of the industry:

─ engagement with the press and media

─ tackles non-compliant products

─ seeks to ensure consumers are not misled

─ works to address doping

Forum for discussions: working groups - protein, amino acids, claims and non-compliance

@ESSNASports

ESSNA activities

Political influence

• Dialogue with key policy makers in EU

• Lobbying for favourable outcomes for the sports nutrition

• Shaping key pieces of legislation

• Ensuring proportionate implementation and enforcement

PR

Communications

• Improve consumers and legislators perceptions – and educate both groups

• Press turn to first for comments on sports nutrition issues

• Proactively debunk myths

• Work on social media

Compliance

• Police the market to improve reputation

• Protect responsible businesses

• Engage with enforcement authorities

• Consumer protection

• Tackle inadvertent doping

Platform for discussions

• Tap into members expertise to assess impact of issues, reach consensus, and take action.

• Working groups on health claims, protein definition, amino acids and non-compliance

• Host events & speak at conferences

Regulatory advice

• Access to regulatory updates from a team of experienced advisors

• Regular intelligence documents informing of the latest regulatory developments and how they affect the sector

@ESSNASports

ESSNA Members

• Active Nutrition International

• Aminolabs Group

• Arla Foods Ingredients

• Body Temple UK

• Bulk Powders

• Calleva

• Cambridge Commodities

• CNP Professional

• Cornelius Group

• DCC Health &Beauty Solutions

• Direct Food Ingredients

• Enervit

• EssentiaMetabolic Proteins

• Fonterra

• FrieslandCampina

• Future Nutrition

• Gelita UK

• General Nutrition Corporation

• Glanbia Performance Nutrition

• Grenade

• Herbs in a Bottle

• High Five

• ICAAS

• Iovate Health Services International

• International Taste Solutions

• Kinetica

• LGC

• Lonza

• MaxiNutrition

• MedixLaboratories

• Milk Specialities

• myprotein.co.uk

• NBTY Europe Ltd

• NSF International

• Nutraveris

• Nutritional Products International

• Nutrition Group

• Prinova Europe

• Prometeus

• Reflex

• Sci-MX Nutrition

• Scitec Nutrition

• Stepan Speciality Products

• Synergy Flavours

• TasteTech

• TdeltaS

• Tropicana Health and Fitness

• USN UK

• Van Eeghen

• Vitalize (incorporating Bodybuilding.com)

• Vitamin Center

• Volac

• VSI

@ESSNASports

Today we will discuss

• The changes to sports nutrition regulation

• …and what the means for challenges and opportunities in the sector today

• Brexit & the industry

@ESSNASports

An industry in the shadows

• Pre-2016 sports nutrition regulated under the PARNUTS framework

• Specific compositional criteria

• Athletes treated as vulnerable group

• Image problems:

• Sports nutrition products associated with bodybuilder stereotype

• “Dodgy reputation”; products available mainly through gyms, fitness clubs

• But industry always developing and ESSNA pressure meant specific product composition rules never materialised

@ESSNASports

Sports nutrition out of the shadows

PARNUTS FSG General Food Law

• PARNUTS review presented

opportunity to take sports

nutrition in the mainstream

• Changes in consumer behaviour

supported that argument

• Regulation 609/2013 on Foods for Specific Groups did not include sports food

• Commission report on foods intended for sportspeople reiterated that sports food should fall under General Food Law

• BUT noted that adaptations would have to be made

• 3 year transition period + full sell through

• GFL applied from 20th July 2016 – though specific law such as Food Supplements Directive applies where relevant

• Welcome step, sports food impossible to define from a legal point of view

• Sports food now widely available in supermarkets

• Used by a vastly diverse consumer base (elite athletes, recreational athletes, health-conscious consumers)

@ESSNASports

Challenges

1. General Food Law- adaptations and opportunities

2. Need proper functioning of the internal market

Remaining challenges broadly on two fronts:

1. Proper adaptations in General Food Law

2. Proper functioning of the internal market

Too narrow vs too broad - what is the right balance?

@ESSNASports

Adapting GFL

Nutrition and Health Claims Regulation

(NHCR- Regulation 1924/2006) Recognition of sportspeople as a general population sub-group with specific dietary needs

Nutrient profiles / right to market / confidence and trust

Food Information to Consumer Regulation (FIC- Regulation 1169/2011)

Protein Definition Terms such as “sport”, “exercise” not as an

implied health benefit but as instructions of use

Fortification legislation (Regulation 1925/2006) Significant amounts: in some cases these levels may not be feasible: electrolytes

Addition of certain substances under 953/2009 - addition possible under General Food Law or Novel Foods?

@ESSNASports

Proper functioning of Internal Market

Free movement of goods hampered by national law

Mutual recognition principle not respected/enforced

Member States impose unjustified barriers to trade

Pretext of public health grounds – not always based on scientific assessments

Other mechanisms (e.g. SOLVIT), inadequately known or not fit for

purpose

Need for consistent application of EU across MS

@ESSNASports

Opportunities

1. General Food Law- adaptations and opportunities

2. Need proper functioning of the internal market

Two broad opportunities:

1. Better recognition of benefits of sports nutrition

2. Regulatory certainty

A liberated market!

@ESSNASports

Better recognition of sports nutrition benefits

Impact of market growth

Increasing visibility of industry

Non-Compliance campaign

@ESSNASports

Regulatory certainty

@ESSNASports

A stable policy environment

Space and freedom to plan!

…with one big caveat

Finally – Brexit

1. General Food Law- adaptations and opportunities

Challenges and opportunities!

@ESSNASports

Brexit and sports nutrition

EU makes vast majority of food law –

so when UK leaves, will transfer EU law into UK

law

Following UK’s departure, British

legislators can amend any law they wish

But issue of regulatory divergence would

arise – a UK company would have to

package/label a product differently for

different markets

@ESSNASports

Challenges and opportunities

Challenges

• Political instability

• Lack of trade deal

• Imposition of customs checks

• Disruption of supply chains

• Labour force considerations

• Regulatory divergence

Opportunities

• Review/repeal burdensome legislation

• Example of UK legislation to EU

• Growth of UK sector

• Impact of new trade deals on sports nutrition

@ESSNASports

Brexit: what is ESSNA doing?

Work with members to

establish priority

issues/concerns

Insights and intelligence

from EU institutions

Regular meetings with

key UK Government departments

@ESSNASports

Questions and Answers?

Contact:

cmucciardi@glanbia.com

@ESSNASports

@ESSNASports