Brands should focus on enjoyment and practicality messages if they fall foul of new EU health rules, says Bryony Deakin


The new year means new legislation for brands that claim health benefits, and with it a requirement for greater transparency in health property claims. Brands will need to re-evaluate how they market products and should wake up to the fact that, for the vast majority of consumers, health was never the primary reason to buy.

At the beginning of this month, pan-EU health and nutrition claims legislation came into force that will make it very difficult for companies to make health claims that aren't backed with credible scientific evidence. An EU Commission programme to support the legislation the Process for the Assessment of Scientific Support for Claims on Foods project aims to establish the validity and scientific substance of claims and ensure this is appropriately presented in communication to consumers.

Brands will have to be clearer about exactly what their products can do for consumer health. The new regulation is not, however, a reason to get all screwed up about claim restrictions. It's time for a reality check: enjoyment and practicality have always been the major reasons to buy over health. State of our Nation, a recent report published by TNS, looked at changes in food consumption trends between 1995 and 2006. In 1995, 34% of consumers said enjoyment was the primary factor in their decision to buy. By 2006 this had risen to 42%. Practicality fell from 55% in 1995 to 35% in 2006. In the same period, health jumped from 11% to 23%.

Yes, health has become twice as important, but it is still factor number three in driving consumer choice. Brands that can no longer make the claims they have done in the past should reconsider the emphasis of their messaging. They should, therefore, refocus on the reasons why shoppers buy.

With the considerable increase in interest in the relationship between diet and health in the past 10 years, it might seem like the bubble has burst. But was there ever a bubble in the first place? The new legislation means 2010 is a natural time for brands to refocus on delivering the message of emotional enjoyment and practicality as well as health.

Bryony Deakin is a director at marketing communications agency Dialogue141.

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