Food industry beware! The Advertising Code Committee (ACC) distributed an Alert (in Dutch) because unauthorized novel food was being advertised. An Alert is a way to bring the violation to the attention of a large audience. This is done in part through the Advertising Code Foundation's website and social media. With all its PR implications. 

An advertiser offers a cure with NMN (nicotinamide mononucleotide). According to the website, the product would not only provide more energy but even improve heart function. Following a complaint, the ACC obtains information from the Inspection Board. It turns out that NMN is not allowed to be sold at all in the European Union. The European Commission had already ruled that NMN is an "unauthorized novel food."

What is a novel food? This is a "novel" food or ingredient that has not previously been sold as a food within the European Union. A novel food may only be marketed after approval.

The Health Products Advertising Code precludes any advertising of health products that may not be manufactured or marketed. Therefore the ACC provides a recommendation. Yet the ACC does not stop there: the recommendation is sent out as an Alert because the ACC sees a risk to human health.

Every now and then the ACC sends out a recommendation as an Alert, but as a rule only if an advertiser repeatedly commits the same violation. For the NMN cure, an Alert immediately follows because of the (possible) danger to human health. So as a food company, be careful not to sell products with unauthorized ingredients.

Myrna Teeuw

30 June 2023