Health claims on foods; application for authorization

Health claims on foods usually require approval. You can apply for this approval via the E-Submission Food Chain (ESFC) platform of the European Commission .

Description

Prerequisites

  • You want to use health claims in the labeling and presentation of or advertising for foods that are not yet approved.

Procedure

You can apply for approval of health claims electronically via the European Commission's E-Submission Food Chain (ESFC) platform.

To do so, proceed as follows:

  • Access the European Commission's E-Submission Food Chain (ESFC) platform: https://webgate.ec.europa.eu/esfc
  • Use the user manual and other training materials for assistance: https://ec.europa.eu/food/horizontal-topics/general-food-law/training-and-support_en.
  • Create a user account and log in to the portal.
  • Select "Food Improvement Agents" from the "Food" domain list. Then select the domain type "Health Claims", the application type, the recipient Member State and the relevant Competent Authority, and then click on "Start process".
  • Then create your dossier. Your application must include the following information:
    • Name and address of the person making the application,
    • The name of the nutrient or other substance or the food or food category for which the health claim is to be made and the particular properties involved,
    • a copy of the studies, including, where available, independent and peer-reviewed studies (an examination by experts), on the health claim, and any other available documentation showing that the health claim complies with the criteria of the Regulation,
    • where appropriate, an indication of which information is to be considered proprietary, together with a verifiable justification for this,
    • a copy of other scientific studies relevant to the health claim,
    • a proposal for the wording of the health claim for which authorization is sought, including, where appropriate, specific conditions of use,
    • a summary of the application.
    • EFSA suggests that the application dossier be written in English to avoid delays in the evaluation of the application due to the translation to be arranged there.
  • Attach any other required documentation to the application.
  • Submit the application online.

If you have applied for approval of health claims, the receipt of your application by the Federal Office of Consumer Protection and Food Safety (BVL) is as follows:

The BVL

  • confirms receipt of your application in writing within 14 days of receipt.
    • The date of receipt of the application will be noted in the confirmation.
  • will inform EFSA without delay,
  • may, if necessary, request you as the applicant to supplement the documents relating to the application within a specified period.

Deadlines

Pursuant to Section 70 of the Administrative Court Rules (VwGO), the objection must be lodged in writing, in electronic form pursuant to Section 3a (2) of the Administrative Procedure Act (Verwaltungsverfahrensgesetz) or in writing with the authority that issued the administrative act within one month of the administrative act being notified to the person complained of. The time limit shall also be observed by filing the appeal with the authority that issued the notice of appeal. §§ Sections 58 and 60 (1) to (4) shall apply mutatis mutandis.

Processing time

The subsequent request for documents leads to an extension of the processing deadlines. (8 bis 24 Monate)

Required documents

  • Required Documents

    • The application must be prepared according to the requirements of the "Scientific and technical guidance for the preparation and presentation of a health claim application (Revision 3)" (https://www.efsa.europa.eu/en/efsajournal/pub/6554).
    • The application must include all scientific data (published and unpublished) that support or oppose the health claim, as well as a comprehensive review of data from human studies.
    • Summary of the dossier

Online procedures

Fees

  • There are no costs involved.

Remedy

  • Appeal. For more information on how to lodge an appeal, please refer to the instructions on appealing in the notification of your application.
  • Lawsuit before the administrative court. For more information on how to file a lawsuit, see the appeal instructions in the notice of appeal.

Status:20.01.2024

Responsible for editing:Bundesministerium für Ernährung und Landwirtschaft

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