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Published Date: 2015/04/27

Business Opportunities Expanding with the Food Functional Claims System ② ~Transitions and Business Cases in the U.S. Healthcare Market: "20 Years Ahead"~ Part 1

Takeda Takeshi

Takeda Takeshi

President and CEO, Global Nutrition Group

Takizawa Naho

Takizawa Naho

Dentsu Inc.

Japan's functional food labeling system took effect on April 1st. This new system, considered the biggest overhaul in 44 years, raises questions: How will the Japanese market change? How will business opportunities expand? Members of Dentsu Inc. Healthcare Team interviewed experts.


Japan's food functional claims system has been developed through extensive consideration, drawing on the U.S. dietary supplement system. Functional claims were introduced in the U.S. about 20 years ago. How has the U.S. healthcare market transformed since then? What are the similarities and differences with the Japanese market? We asked Takeshi Takeda of Global Nutrition Group, an expert on the global health food market.

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Functional Claims Systems in the US and Japan: The Least Government Involvement

Takizawa: First, could you tell us where Japan's functional claims system stands compared to systems in other countries?

Takeda: For functional food claims, there's an international rule called the "Codex," jointly established by the WHO (World Health Organization) and FAO (Food and Agriculture Organization of the United Nations). Health claims (health-related claims) are divided into three tiers: ① Nutrient Function Claims, ② Other Function Claims (in the US called "Structure/Function Claims"), and ③ Disease Risk Reduction Claims.
From an institutional perspective, systems fall into three types: ① Standard-based systems where the government sets standards; ② Individual assessment systems where the government reviews and approves claims on a case-by-case basis; and ③ Notification systems where private companies submit notifications to the government. The figure below categorizes countries' systems according to these classifications.

[Figure 1]

図表1
 

As you can see, the U.S. system based on the Dietary Supplement Health and Education Act (DSHEA) and Japan's functional claims system both fall under "Other Functional Claims" for health claims and "Notification System" for their institutional aspects. These two countries' notification systems, characterized by extremely low government involvement, represent highly unique cases globally.

The United States, which declared that health maintenance directly impacts national finances

Takizawa: What are the key points of the U.S. system?

Takeda: The U.S. system is explicitly positioned as an education act established for the health benefits of consumers and to contribute to reducing national healthcare costs. It's not merely a labeling system; its underlying philosophy is to educate consumers.

Takizawa: What concerns prompted the establishment of this system in the U.S.?

Takeda: Examining the 15 explicit conditions attached when the bill passed Congress clearly reveals the U.S. government's concerns at the time and the system's objectives. The main points are as follows:

[Figure 2]

➊ Improving the health of the American people is a top priority for the United States federal government.
➋ The intake of certain nutrients and dietary supplements is associated with the prevention of adult diseases such as cancer, heart disease, and osteoporosis. Furthermore, some chronic diseases can be prevented through a diet centered on vegetables and plant-based foods.
➌ Self-medication, improved health literacy, adequate nutrition, and appropriate use of dietary supplements contribute to reducing the incidence of chronic diseases and lowering long-term care costs.
➍ A healthy lifestyle not only extends life expectancy but also reduces healthcare costs. Reducing healthcare costs is a critical issue for America's future and forms the foundation for economic development.
➎ Information from scientific research demonstrating the health benefits of dietary supplements should be disseminated, enabling consumers to choose preventive health management strategies based on this knowledge.
➏ While the federal government must take swift action against unsafe or substandard products, it must not simultaneously impose unreasonable restrictions that limit or delay consumers' access to safe products and accurate information.

Takeda: For about four years after implementation, we maintained a high growth rate of 13-14% year-on-year. However, it declined sharply in the late 1990s and early 2000s. This was due to factors like a surge in companies violating rules, such as making false claims on labels, and incidents of health damage occurring. It starkly illustrates that even if claims are backed by scientific evidence, consumer trust can be lost overnight due to misconduct by some companies. Another reason for the slowdown in growth was the publication of several negative academic papers on supplements at the time. This likely served as a counterpoint to the prominent exaggerated advertising, offering a scientific perspective. Nevertheless, despite these events, the supplement market size has consistently grown from the system's implementation until recent years. The average annual growth rate has been around 8%, maintaining a significantly higher growth rate than Japan's for over 20 years.

Japan's New System: Learning from the Successes and Failures of the U.S. System

Takizawa: What aspects do you consider to be strengths of the U.S. functional claims system?

[Figure 3]

図表3

Takeda: First, it mandates compliance with GMP (Good Manufacturing Practices). In Japan's system, GMP compliance is voluntary for companies (an effort obligation). Also, the FDA conducting direct audits and inspections of manufacturing facilities is a highly effective rule for ensuring safety.
Then there's the establishment of the Office of Dietary Supplements. This is a specialized office within the National Institutes of Health (NIH) that evaluates the efficacy and safety of supplements. It has an annual budget of about 2 billion yen. The fact that the government is so proactive in this effort is very significant.

武田氏

Takizawa: So, what challenges does the U.S. system face?

Takeda: The requirement that product information be submitted within 30 days of sale is problematic. Also, the fact that no supporting evidence is required for the functional claims made as product information likely leaves consumers feeling uneasy. No matter how much it's framed as corporate self-responsibility, consumers have no choice but to trust what's written.

Takizawa: Are these U.S. issues addressed in Japan's system?

瀧澤氏

Takeda: As you know, the evidence supporting claims is publicly disclosed by the Consumer Affairs Agency, making it accessible to anyone. Furthermore, while the U.S. guidelines on scientific evidence for functional claims are vague and non-binding, Japan's system provides detailed procedures outlined by the Consumer Affairs Agency. Regarding the U.S. issue of insufficient monitoring and guidance systems, Japan's approach of publicly disclosing submitted information online serves, in a sense, to compensate for that oversight function. I believe Japan's new system largely addresses the weaknesses found in the U.S. system.

 

What is the Food Functional Claims System?

Japan's functional food labeling system launched in April. This system allows manufacturers to label functional claims on foods "at their own responsibility" by notifying the Consumer Affairs Agency, provided they have scientific data supporting safety and functionality. Functional labeling foods will begin appearing on store shelves as early as June.

<Key Points of the New System>
1. Unlike Tokuho (Specific Health Use Foods), the government does not conduct safety or functionality reviews. The responsibility for the content and explanation of the scientific evidence, as well as ensuring no discrepancy between the scientific evidence and the labeling claims, lies with the manufacturer.
2.Notification to the Consumer Affairs Agency must be made at least 60 days prior to the sales date. Except for certain parts, all submitted materials will be disclosed on the Consumer Affairs Agency's website, allowing other businesses and consumers to verify the content.
3.All food products, including fresh foods, are covered. Therefore, participation is expected not only from food and beverage manufacturers but also from functional ingredient manufacturers, trading companies, farmers, and various other industries.

*Excludes beverages containing alcohol and foods that may lead to excessive intake of lipids or sodium.
&nbsp;

<Key Points of Functional Claims>
Claims can be made about the effects on maintaining or promoting health.
For example, claims can be made for specific body parts, such as "maintains eye health" or "supports quality sleep." However, expressions implying treatment or prevention of diseases, such as "for people with diabetes" or "for people with high blood pressure," or expressions exceeding the scope of health maintenance and promotion, such as "hair growth" or "skin whitening," are not permitted.


Dentsu Inc. Healthcare Team

Leveraging consumer perspectives and creativity, we work to realize "Japan as a Health-Advanced Nation" and support companies in this endeavor. For one key theme, the "Functional Claims System for Foods," we have established a specialized team to provide consulting and communication services to related companies.


Back Issues
&nbsp;
[Business Opportunities Expanding with the Food Functional Claims System ①]
~Background of the New System's Establishment and Future Outlook~ Part 1[2015.04.23]
~Background of the New System's Establishment and Future Outlook~ Part 2[2015.04.24]
 
【Business Opportunities Expanding with the Food Functional Claims System ②】
~The Evolution of the U.S. Healthcare Market "20 Years Ahead" and Business Case Studies~ Part 1[2015.04.27]
~The Evolution of the "20 Years Ahead" U.S. Healthcare Market and Business Cases~Part 2[2015.04.28]
~The Evolution of the "20 Years Ahead" US Healthcare Market and Business Cases~Part 3[2015.04.29]
 
【Business Opportunities Expanding with the Food Functional Claims System③】
~Outlook and Challenges for the Expanding Functional Claims Food Market Under the New System~Part 1[2015.04.30]
~Outlook and Challenges for the Expanding Functional Claims Food Market Under the New System~Part 2[2015.05.01]

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Author

Takeda Takeshi

Takeda Takeshi

President and CEO, Global Nutrition Group

Born in 1963. After working for health food mail-order companies, he established Global Nutrition Group in 2004. He provides comprehensive support ranging from new business launches and new product development to overseas expansion assistance. He also serves as coordinator for the "NMDB Research Group (Tokyo)" hosted by the Japan Health Food and Supplement Information Center.

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