Do Qualified Health Claims Deceive When They Are Not Misleading? Perspectives from the European Union and United States

June 2012

by Bert Schwitters and Jonathan W. Emord


The authors, Bert Schwitters, Consultant for International Nutrition Company, and Jonathan W. Emord, Esquire, President of Emord & Associates, P.C., compare the systems used by FDA and FTC with that of the European Union for qualifying the health claims of food manufacturers.  They conclude that food regulators in the United States and Europe should allow manufacturers to post nutrition claims backed by credible scientific evidence.  If the science behind a health claim is inconclusive, they suggest that regulators label the product with a succinct and accurate qualification of the claim.  Any other qualifications would be a restriction of free commercial speech. 


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