Long wait for food rules

Shoppers are being reassured they won't fall prey to false health claims on food and drink products - despite a long delay in the introduction of tough new rules.

A European study of 66 foods and ingredients concluded claims about 50 items were scientifically unproven.

Products to fall foul of the European Food Safety Authority included Ocean Spray cranberry juice and Lipton black tea.

The European Union requires manufacturers to prove specific health claims. Food Standards Australia New Zealand is working towards a similar situation.

The transtasman agency will also maintain a list of widely accepted general health claims, such as calcium building strong bones.

Its new code was expected to be introduced in 2007 but has been delayed twice, so the draft could be reviewed and then to allow more time for the work.

While specific claims are banned here under interim rules, manufacturers can continue stocking shelves with products promising to "cleanse and purify your body", "maintain inner digestive health" or "keep you healthy".

New Zealand Food Safety Authority assistant science director Jenny Reid conceded some product packaging fell into "a grey area".

"These things are so nebulous it would take a lot of effort to follow through at the moment, when the regulatory framework is not clear enough on where to go.

"The new standard will provide a much stricter framework around which claims will and won't be permitted."

The authority was keeping a "watching brief" on the European findings, but had no plans to take products off shelves unless they presented a health risk.

Officials would continue to investigate complaints and take action against producers making serious health claims.

Reid also urged buyers to beware of products claiming to be "wonder foods".

Food and Grocery Council chief executive Katherine Rich said her industry had no concerns about greater scrutiny.

"Our members understand that if you're going to make a claim you have to be able to substantiate it, and it has to be credible research."

All packaging must carry a New Zealand phone number, so consumers can call if they have questions about health claims.

While the industry was generally supportive of the new draft regulation, members had two concerns - the ongoing cost of updating the approved claims list and keeping innovative products confidential during the approval process.

The authority has looked into six complaints about health claims in the past three years but made no prosecutions. In most cases the producer agreed to rectify the problem.

Misleading or false claims are also in breach of the Fair Trading Act, although the Commerce Commission said the onus was on suppliers to ensure claims were accurate.

Ribena maker GlaxoSmithKline was found to be in breach of the Act in 2007 after two Auckland schoolgirls discovered some packaging overstated the Vitamin C content.

In another case, the Advertising Standards Authority dealt with a complaint about a pomegranate juice flyer which claimed it would fight breast cancer and prevent lung cancer.

In its response, Essential Trading New Zealand said it didn't know about advertising standards and undertook not to use the statements again.

A spokesman for Food Safety Minister Kate Wilkinson said work on the standard wasn't far enough along to have reached her desk, so she couldn't comment on delays.