Food for special diets is a widely used term in the sector but is somewhat ill-defined. The common purpose of foods in this group is to fulfil a specific dietary need and broadly includes products to address medical conditions (allergies, intolerance, weight reduction, etc.), those for ethical or lifestyle reasons (vegetarian, plant-based, vegan, sports) and those to support a religious choice (Halal, Kosher). The global market is estimated to be valued at approximately $50bn, increasing to $75bn by 2030.
The legislative position
The special diets sector includes one area that is very strictly defined - foods for special medical purposes. Codex, in its 1985 Standard on the Labelling of and Claims for Prepackaged Food for Special Dietary Uses defines foods for special dietary uses as “foods which are specially processed or formulated to satisfy particular dietary requirements which exist because of a particular physical or physiological condition and/or specific diseases and disorders and which are presented as such. The composition of these foodstuffs must differ significantly from the composition of ordinary foods of comparable nature, if such ordinary foods exist”.
The Codex Committee on Nutrition and Foods for Special Dietary Uses (CCNFSDU) has published guidelines and standards for foods listed in the Codex 1985 standard. The United States Food and Drug Administration (FDA) has a broader definition of foods for special dietary use in the Code of Federal Regulations. The EU has a narrower definition in Regulation (EU) No 609/2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control.
These days a wider variety of foods are included on the list for special diets. The list covers foods where nutrition or a medical need is the key driver, those where ethical or lifestyle dictates the choice (sports drinks, vegan, vegetarian, plant-based) and allergen ‘free’ foods (those produced without wheat, milk, nuts, etc.). Supplements, including vitamins and minerals and foods fortified with them, are also included on some lists of foods for special diets. This much broader group of food is governed by general legislation that applies to all foods including food safety and labelling requirements although in some countries such as the USA, separate legislation exists for dietary supplements.
The market position
Food for special diets that sit outside of those for special medical purposes often have little or no legal definition. Historically, many such foods were targeted at specific consumer groups such as allergen-free foods for those with serious food allergies, vegan foods for those avoiding animal-derived ingredients and vegetarian foods for those who want to avoid meat, fish and shellfish. However, in recent years these foods have now become popular with consumers beyond their original target groups. Customers now buy them because of a lifestyle choice - to avoid gluten, reduce meat consumption or to follow a plant-based diet, etc. - driven by a perception of improved nutritional health credentials or simply for taste. For many foods, the minority of those purchasing are doing so for necessity as opposed to preference or choice.
Notwithstanding the reason for eating a food for a special diet, it is worth restating that the majority have no legal definition. This includes foods that claim to be free-from allergens, with the exception of gluten-free, vegetarian, vegan foods and plant-based foods. In these situations general food law is applied that protects a consumer from being misled by the description of the food. In the EU many such protections are defined in the Food Information to Consumers Regulation (EU) No 1169/2011 and the General Principles and Requirements of Food Law Regulation (EC) No 178/2002. Similar provisions operate within the UK and are also enshrined in the UK Food Safety Act and the US FDA has published a Food Labeling Guide which covers regulatory requirements and best practice.
In many cases, industry guidance has been developed to provide best practice for the manufacture and labelling of products claiming to be allergen-free - for example, guidance published by the UK Food and Drink Federation. This states that a “free-from allergen claim is an absolute claim unless a regulatory threshold has been set and should only be used following a rigorous assessment of the ingredients, process and environment”. Rather ironically, the only allergen with a regulatory threshold for a free-from declaration is gluten-free where a maximum limit of 20 parts per million (ppm)/20mg per kilogram is permitted. For all other free-from claims, the threshold would essentially be the level below the limit of detection or quantification of the stated allergen. Industry guidelines have been published on the considerations for the labelling of food with a gluten-free logo and the associated manufacturing controls.
In relation to foods for plant-based, vegetarian and vegan diets, the British Dietetic Association (BDA) has a helpful summary of the various subsets within these groups of consumers. Vegans are defined as those who do not eat any animal products including honey, dairy and eggs, whereas vegetarians are split into five subsets:
- lacto-ovo vegetarians - eat dairy foods and eggs but not meat, poultry or seafood
- ovo-vegetarians - include eggs but avoid all other animal foods, including dairy
- lacto-vegetarians - eat dairy foods but exclude eggs, meat, poultry and seafood
- pescatarians - eat fish and/or shellfish
- semi-vegetarians (or flexitarians) - may eat some meat, seafood, poultry, eggs and dairy.
Bodies that represent specific sectors that include many of the areas covered by special diets often have more detailed definitions that are usually associated with certification and the application of on-pack logos to indicate the status of the product. For example, the Vegetarian Society specifies that the vegetarian trademark can only be applied to a food if it contains no ingredient made from animal body parts, any eggs used must be free-range and measures must be in place to avoid cross-contamination during production. Products must be genetically modified organism (GMO) free and no animal testing must have been carried out or commissioned (unless a legal requirement). It also specifies criteria for vegan and plant-based products.
The Vegan Society similarly has Trademark Standards that prohibit the inclusion of any animal (vertebrates and all multicellular invertebrates) and goes further by specifying that “the manufacture and/or development of the product, and its ingredients, must not involve or have involved, the use of any animal product, by-product or derivative”. The society also prohibits animal testing in the development of manufacture of a product and its ingredients “conducted at the initiative of the company or on its behalf, or by parties over whom the company has effective control”. It also requires that brands “minimise cross-contamination as far as is reasonably practicable and possible”.
It is critically important to note that consumers have mistakenly considered a product in the special-diet sector indicates the absolute absence of a specific ingredient. For example, individuals with an allergy to milk and eggs believing that vegan foods must inherently not contain these allergens. However, although such products are formulated to ensure milk and eggs are not present as ingredients and measures are put in place to reduce cross-contamination risks, they are not guaranteed to be free-from milk and eggs or their derivatives. This confusion has serious consequences for consumers with severe allergies and has prompted regulators to highlight such matters to the public and industry guidelines to be published.
Foods in the special-diets sector include those consumed because of religious beliefs such as Halal and Kosher foods. Such foods usually have specific trademarks similar to those described above that require strict adherence to specified standards. A useful guide to Halal and certification has been published and there are also several organisations globally who provide further details on Kosher certification (1, 2)
Third-party assurance for foods for special diets
No matter what different groups consider to merit being a food for a special diet, it is essential that it is formulated to the defined nutritional profile. It must be labelled in a way that meets legislation especially where any nutrition or health claims are made and be free from any contaminant that invalidates the intended use, e.g. allergens for free-from products, banned substances for sports foods. The importance of manufacturing these foods to the exacting standards cannot be overstated as the health, livelihood and sometimes life of the consumers of these products is dependent on claims being accurate.
A key element of assurance that ensures consistent controls are in place to manage the safe production and legal labelling of foods for special diets is audit. Many businesses operate their own standards to assess internal compliance and, in some cases, that of their supply base but there has been a major shift to independent verification through voluntary third-party assurance (vTPA) programmes. The BRCGS Global Standard Food Safety provides overarching assurance that a business has a food safety management system in place and is able to produce safe and legally compliant food products. This encompasses elements covering management of formulation, manufacture, cross-contamination and labelling that are critical in the production of foods for special diets. There are also specific provisions for particular risks such as allergens. Recognising risks associated with certain foods for special diets, sector specific standards also exist such as the BRCGS Global Standard Gluten-Free, the BRCGS Global Standard Plant-Based and certification standards for Sports Nutrition Products.
In addition to manufacturing assurance, another consideration is the inclusion of analytical assurance to verify that controls during manufacture have delivered a compliant product. This is particularly relevant for products making allergen-free claims where analytical testing can be useful as part of raw material assurance, cross-contamination risk assessment and end-product verification. Allergen testing approaches, including methodology, need careful consideration due to issues associated with sensitivity and specificity so the use of third-party laboratories accredited to a recognised national or international standard is paramount.
A sector where analysis is particularly important is sports nutrition, where a professional athlete’s career may be at risk due to the inadvertent consumption of a contaminated sports food, drink or supplement. In many cases, professional athletes are advised against consumption of some of these foods and supplements due to the added risk, but there are organisations providing an extensive service for the analysis and certification of sports nutrition products. This enables athletes to check the certification status of the food prior to consumption.
I hope that this has given you some useful insight into the area of special diets - look out for the next edition.
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AuthorAlec Kyriakides Independent Food Safety Consultant
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