Key developments and considerations for sports nutrition stakeholders By Adam Carey, Chair, ESSNA
Representation of industry interest has always been important in the sports and active nutrition market. Success in this sector goes hand-in-hand with staying up to date with the latest policy and legislative developments, both in the EU and in the UK, and actively engaging with policymaking to ensure regulations do not hamper—but rather support—innovation and growth in the sector.
Here are some of the main regulatory issues that the industry should be focusing on today.
The current policy and regulatory framework for the sports and active nutrition sector is the most stable it has been for years. However, with the publication of the European Commission flagship proposal on ‘Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system’ in May 2020 this may change. One of the main goals of the Farm to Fork Strategy is to facilitate the shift to healthy and sustainable diets and to provide consumers with healthier food choices. A commendable goal, and one that is in line with ESSNA’s goals, but the industry will need to work to ensure the specificities of the sector are recognised. One issue that is currently on ESSNA’s radar and that it is likely to have an impact on a variety of food and nutrition businesses, is the Commission’s proposal to revise Regulation (EU) No 1169/2011 on the provision of food information to consumers (FIC). In the context of this revision, the Commission is proposing to issue an initiative around the establishment of nutrient profiles to restrict the promotion of products high in fats, sugars and/or salt (HFSS), above which nutrition and health claims would be restricted or not permitted.
While this initiative aims to reinforce consumer information on food products and promote healthy diets, this objective will be hindered if the Commission promotes a blanket application of new rules and does not introduce exemptions for specialist products including sports nutrition products. The latter have high content of certain nutrients to support optimal performance. The industry has already stressed that these products should not be regulated as HFSS. Sports and active nutrition products provide clear information and labelling to ensure that adult consumers have access to safe products and can make healthy, informed choices. Setting nutrient profiles on sports and active nutrition products would prevent consumers from being informed on their benefits and would pose a barrier to the EU’s plan to promote healthy and active lifestyles, and target an industry which supports consumers leading healthy, active lifestyles.
A similar challenge will be posed by the other Commission’s proposal to introduce a standardised mandatory front-of-pack nutrition labelling. With this proposal, the Commission aims at aligning with a debate that has been so far led by Member States on the various labelling schemes, the French Nutri-score being the most popular one.
Introducing a mandatory front-of-pack labelling scheme has the potential to provide a simple and clear overview of nutritional information to consumers and would have the potential to promote better harmonisation and uniform provisions. But to ensure that it would not inadvertently impact specialist sectors, it needs to be developed with consumers in mind. And it should also consider the specificities of certain segments of the food sector, including the sports and active nutrition industry, whose products are, by design, made with higher levels of certain nutrients (usually sodium, carbohydrates and protein) to cater to the specific needs of adults.
Similarly to the EU, and a testament to policy makers’ renewed focus on public health, the UK is also targeting HFSS products in its efforts to tackle childhood obesity. The UK Government aims to restrict the promotion of product categories that are significant contributors to children’s sugar and calorie intakes. Yet the proposed legislation has not provided enforcement authorities with a definition of these product categories, something that could potentially unfairly penalise sports and active nutrition products (such as carbohydrate drinks), if clear exemptions are not set. Restrictions do not take into account the specific composition of products targeted at sports people and does not consider nutritional advice on protein. It is certainly important for the industry to closely monitor the developments in this debate to ensure that the new legislation will not cover sports nutrition products.
As policymakers on both sides of the channel strive to tackle the increasing prevalence of obesity in Europe and encourage consumers to lead healthier lifestyles, sports and active nutrition companies need to, now more than ever, participate in these ongoing discussions and engage in the relevant decision-making forums. By allowing decision makers and political stakeholders to gain a clearer understanding of the target groups and composition of sports and active nutrition products, they will avoid being caught unwittingly by legislation aimed at restricting HFSS products.
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