Elif Arabacıoğlu (Sr. Associate) – Bengü Deniz Aktaş (intern)

The Regulation And The Guideline On The Use Of Health Declarations In Food And Food Supplements Is Published

The Regulation On The Use of Health Declarations In Food And Food Supplements (“Regulation”) was published in the Official Gazette No. 32169 on April 20, 2023.

This Regulation sets the procedures and principles regarding health declarations in food and food supplements. Pursuant to Article 5 of the Regulation, the health declarations on food labels, packaging, or advertising materials shall (i) not be vague, false, or misleading; (ii) not raise doubts about the adequacy or reliability of other products; (iii) not support or encourage excessive consumption of a specific product and (iv) not refer to changes in bodily functions through written, pictorial, graphic, or symbolic representations that may cause concerns on consumers.

According to Article 10 of the Regulations, the health declarations for the products falling within the scope of this Regulation may be used without applying for permission or notification to the Turkish Medicines and Medical Devices Agency (“TITCK”) provided that they comply with the provisions of this Regulation and the respective guidelines. There are two exceptions for this rule: The first one is that health declarations cannot be used for special medicated foods and secondly, TITCK may restrict the use of health declarations and request information and documents from the food operator when deemed necessary for public health.

Under Article 13 of the Regulation, it is stated that TITCK may publish guidelines as to the application of the Regulation. On April 26, 2023 the Turkish Medicines and Medical Devices Agency published the "Guidance On The Use of Health Declarations In Food And Food Supplements". This guideline includes definitions of terms used on the Regulations and provides examples of health declarations in line with the principles set under the Regulation. The following lists are published as annexes to the Guideline.

• (Annex-1) The list of health declarations other than declarations on reduction of disease risk, development and health of children
• (Annex-2) The list of health declarations on disease risk reduction
• (Annex-3) The list of health declarations on children's development and health
• (Annex-4) Nutritional declarations and declaration conditions regarding the use of health declarations
• (Annex-5) Reference intake quantities for the use of health declaration - daily reference intake values for vitamins and minerals

Sources;

https://www.titck.gov.tr/duyuru/gida-ve-takviye-edici-gidalarda-saglik-beyani-kullanimi-kilavuzu-26042023123258

https://www.titck.gov.tr/duyuru/tum-firmalarin-dikkatine-24042023115220

https://www.resmigazete.gov.tr/eskiler/2023/04/20230420-5.htm

https://titck.gov.tr/storage/Archive/2023/contentFile/GIDA1_af200b14-932f-4c3f-a834-382eb75b7b5c.pdf