67) The Committee recalled that the 22nd Session of the Commission had approved the elaboration of the Recommendations as new work, as the primary problem related to claims being made for such products and requested the CCFL to coordinate its work with the Committee on Food Additives and Contaminants and the Committee on Nutrition and Foods for Special Dietary Uses as required. The 26th Session had considered a first draft of the Recommendations and agreed that South Africa would redraft it in the light of the comments received and the discussions at the session.
68) The Delegation of South Africa presented the revised Recommendations and proposed to amend the text to delete the list of electrolytes in the definition of "isotonic" as the substances which could be included were addressed in the General Standard for Food Additives (GSFA). The Committee noted that sports drinks were included in one of the food categories of the GSFA. The Committee expressed its appreciation to the Delegation of South Africa for its work on this complex issue and considered how to proceed further in this area.
69) Several delegations and observers expressed the view that the Committee should not proceed with consideration of this question as a claims issue should not be addressed through the establishment of standards for specific products but rather from a general perspective, such as the definition of a claim for high energy. The Delegation of New Zealand proposed that if a high energy claim for foods was to be developed, provision for both liquid and solid foods should be included. Several delegations pointed out that the level proposed for energy (190 kJ) was too low if a "high energy" claim was made and recalled that in the Guidelines for Use of Nutrition Claims the comparison should be based on a relative difference of at least 25%; they supported a similar approach in the case of sports drinks. The Observer from Consumers International suggested that sports drinks were a matter for the CCNFSDU and energy drinks should be considered under health claims.
70) The Committee had an exchange of views of the opportunity of including a claim for "alcohol free" in these products and agreed that it was not relevant, as the main question to be addressed was the amount of energy and the intended use of the product. The Committee noted that alcohol free was a general claim which, if considered, should apply to all foods and beverages.
71) The Delegations of Switzerland and New Zealand made specific proposals for the amendment of the text, especially as regards the definitions and limitation of nutrients and electrolytes to those lost during physical exercise, and supported further consideration of the text by the CCNFSDU. Several delegations and the Observer from the EC stressed that sports drinks were foods for special dietary uses as defined in their legislation and were intended to meet the specific needs of certain categories of population; such products should therefore be considered by the CCNFSDU. As regards energy drinks, some delegations expressed the view that work should not proceed on such products. The Observer from IACFO indicated that energy drinks as such did not provide any special nutritive benefit beyond the calories provided by ordinary foods. Several delegations expressed their concern with the inclusion in energy drinks of the substances mentioned in section 1.2, which could have adverse effects on health and should not be considered in the framework of Codex. Some delegations proposed that the level of caffeine should be referred to the CCNFSDU for consideration.
72) The Observers of ISDC and ITIC expressed the view that no standard should be developed in relation to the definition of claims, which should be addressed horizontally and pointed out that sports and energy drinks were not foods for special dietary uses and should not be referred to the CCNFSDU, nor should conditions for claims be considered by that Committee.
73) The Committee agreed that the definition of "alcohol free" and "isotonic/hypertonic/hypotonic" should not be retained; consequently the essential issues to be addressed were the definition of sports drinks as foods for special dietary uses and the claim for high energy. The Committee agreed that these matters should be forwarded to the CCNFSDU for consideration and that at this stage there was no need for the CCFL to consider this issue further. The Committee might however consider the necessity for further work falling within its competence, such as the amendment of the General Guidelines on Claims or the Guidelines for Use of Nutrition Claims, when the advice of the CCNFSDU became available.
Status of the Proposed Draft Recommendations for Sports and Energy Drinks
74) The Committee agreed to discontinue consideration of the Proposed Draft Recommendations for the time being and to return to this matter after the CCNFSDU had provided advice on whether "sports drinks" should be considered as foods for special dietary uses and on the conditions for the claim for "high energy".
