Since 2012, the so-called claims legislation has been in effect in the EU, which limits companies that sell food and dietary supplements in how much they can say about the effects of their products. Only a limited number of claims are allowed, namely 250 in total. The purpose of this legislation is to protect consumers from misleading information and to ensure that claims are based on scientific evidence. This is, of course, a positive objective! However, a less desirable, and perhaps unintended, side effect is that a wealth of valuable information remains underexposed because of this. In databases like PubMed, more than 20,000 articles are published annually on nutrition, nutrients, and their interactions with the body.
These publications range from clinical studies and meta-analyses to in vitro and animal studies. Although there are hundreds of thousands to millions of studies of varying quality available in public databases, in practice, very few health claims are approved. This is because companies need to invest a significant amount of time, money, and scientific expertise to submit and get a claim approved. Since natural products cannot be patented or protected, companies cannot recover the costs of this process. As a result, many potential claims are never submitted, despite the available scientific literature. This is particularly costly for small and medium-sized companies.
This is why you will never see approved health claims for natural products like strawberries, ginger, or broccoli, but you will for processed products like margarine and baby formula. The products that deserve the most health claims often don’t have them, because the cost of approval does not outweigh the economic benefits, and the profit margins on unprocessed products are lower.