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New rules proposed for food-type dietary supplements

1 August 2008

Following extensive consultation a draft standard has been prepared to provide for the regulatory separation of therapeutic and food dietary supplements. The requirements of the new Standard for Supplemented Food align with the Australia New Zealand Food Standards Code and will regulate food-type dietary supplements, which are generally highly fortified products presented as foods, such as sports drinks and mixes.

Many dietary supplements sit at the interface between foods and medicines because they are not food or medicine in the ordinary sense of those words. While dietary supplements used to come in tablet or capsule form they now often look more like ordinary food and drink with added vitamins, minerals and other nutritive substances, such as muesli bars and sports drinks. The purpose of making it clear whether a product is a food or a therapeutic product is in line with the general purpose of the Code to protect health and safety and ensure consumers have adequate information to make informed choices.

Director of Policy Carole Inkster says the main concern with supplementary foods is that unlike ordinary foods regulated under the Code, there are few rules regarding the sale of these products. “This can lead to problems when there is no advice on safe use of the product or warning labels for certain groups, who perhaps should not be using them as is the case for some medicines for example.”

Meanwhile therapeutic-type dietary supplements, including vitamins, minerals, herbal and traditional remedies that offer medicinal or healing benefits and are presented in a dose form such as pills and capsules, will remain under the existing Dietary Supplements Regulations 1985 as an interim measure pending decisions on the future regulation of these products. These regulations will be administered by the Ministry of Health and will be amended to exclude supplemented food and to require sponsors (those eligible for putting a product on the market) of therapeutic-type dietary supplement products to register their products on a database operated by the Ministry's agency, Medsafe.

The draft standard is available from NZFSA’s website, at www.nzfsa.govt.nz and hard copies can be ordered from NZFSA’s helpline: 0800 693 721. Submissions close on Thursday, September 25.

Ends

For further comment contact: Carole Inkster, Director (Policy), 04 894 2505 or 029 894 2505.

For further information contact: Megan Clarkin, Advisor (Project Communications), 04 894 2642 or 029 894 2642.

Find the consultation paper at: http://www.nzfsa.govt.nz/policy-law/consultation/supplemented-food/