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Regulations/Guidelines Relating to
   Functional Foods in Japan


        April 30, 2011 New Delhi, India
       Hiroaki Hamano, ILSI Japan
Chronology of Regulations/Guidelines on Nutrition
          and Health Claims in Japan
1991 : Foods for Specified Health Uses (FOSHU)
1995 : Nutrition Labeling Standards
1997-2001 : Deregulation on Vitamins, Minerals,
       Herbs and Amino acids for Food
       (Supplement) Use
2001 : Foods with Nutrient Function Claims (FNFC)
2003 : Food Safety Commision
2005 : Amendment of FOSHU (Standardized, QHC
          & Disease Risk Reduction Claims)
2009-10 : Consumer Affairs Agency, Roundtable on
          Health Claims on Health Foods incl.
FOSHU
Foods for patients (medical
                               purposes)

                               Foods for pregnant and
                               lactating women
Foods for Special
Dietary Uses                   Foods for infants
(Regulated under the Health
Promotion Act)
                               Foods for dysphagia patients

● Standardized Formula         Foods for Specified Health
● Product-specific Approvals   Uses (FOSHU) (1991)
                                                   Copyright © JHNFA
Foods with Health Claims
                              (2001: Rev. in 2005)

             Foods for     Foods with         Foods for Specified
                            Nutrient             Health Uses      [Unregulated]
              Special
              Dietary       Function           (FOSHU, 1991)      All other types of
               Uses      Claims (FNFC,          Product-specific             food
                             2001)              approval system         (including the
                                              1. FOSHU                  majority of so-
 Drugs                     Standardized       2. Qualified FOSHU         called health
                         formula/labeling     3. Standardized FOSHU         foods)
(including                                    4.Reduction of Disease
                              system
  quasi-                    12 vitamins          Risk FOSHU
  drugs)                    5 minerals


                           Nutrition facts
                          Nutrient function      Nutrition facts       Nutrition facts only
                               claims             Health claims
                         Warning Statements     Warning statements
                                                                        Copyright © JHNFA
Introduction of Nutrient Function Claims
Foods with Health Claims (FHC)
     Foods for Specified Heath Uses (FOSHU) (1991)

     Foods with Nutrient Function Claims (FNFC) (2001)
     Definition: Foods that are intended to provide or supplement
     necessary nutrients and to describe the physiological role of the
     nutrients in normal growth and development or preserving health of
     the body.
   MHLW Pre-authorized Nutrient Function Claims
   Min. & max. daily dose levels for each nutrient specified
   No pre-marketing permission/notification required
Authorized Nutrient Function Claims (1)
                Min./Max.
NUTRIENTS        per Day                 NUTRIENT FUNCTION CLAIMS

Vitamin A         135       A nutrient which helps maintain vision at night
       (μg)       600       A nutrient which helps maintain healthy skin and mucosa
Vitamin D         1.50      A nutrient which promotes absorption of calcium and
       (μg)         5       aids in the development of bone
Vitamin E         2.40      A nutrient which helps protect fat in the body from being
        (mg)      150       oxidized and helps maintain healthy cells
Vitamin B1        0.30
        (mg)       25
Vitamin B2        0.33      A nutrient which helps produce energy from
        (mg)       12       carbohydrate and helps maintain healthy skin and
                            mucosa
Niacin            3.3
         (μg)     60
Authorized Nutrient Function Claims (3)
               Min./Max.
NUTRIENTS       per Day                  NUTRIENT FUNCTION CLAIMS

Calcium          210       A nutrient which is necessary in the development of bone
      (mg)       600       and teeth
Iron             2.25      A nutrient which is necessary for red blood cell formation
        (mg)      10
                           A nutrient which is necessary to maintain the normal function
Zinc             2.10      of the sense of taste
        (mg)      15       A nutrient which helps maintain healthy skin and mucosa
                           A nutrient which is involved in the metabolism of protein and
                           nucleic acid, and helps maintain good health
Copper           0.18      A nutrient which helps red blood cell formation
     (mg)          6       A nutrient which helps normal function of various enzymes in
                           the body and development of bone
                           A nutrient which is necessary in the development of bone and
Magnesium        75        teeth
     (mg)        300       A nutrient which helps normal function of various enzymes,
                           helps generate energy, and is necessary to maintain normal
                           blood circulation
Definition of FOSHU (2001)
Foods with Health Claims (FHC)
     Foods with Nutrient Function Claims (FNFC)
         ◆ MHLW Pre-authorized Nutrient Function Claims
         ◆ No pre-marketing permission/notification required

     Foods for Specified Heath Uses (FOSHU)
    Definition: Foods that contain constituents that have science
    based specific health benefits on physiological functions or
    biological activities of the body, and to contribute to preserving
    or improving health or to other specified health uses.
   Product-specific Claims
   Pre-marketing permission required for Claims based on
    Scientific Substantiation
Applicable Claims for FOSHU
1. Maintenance and improvement of clinical indices of
   physical conditions that can be easily measured
    e.g. “Helps maintain normal blood glucose levels”
         “Helps promote decomposition of body fat”
2. Maintenance or improvement of good physical
   conditions and/or biological functions
    e.g. “Helps regulate bowel movements”
         “Helps improve absorption of calcium”
3. Improvement of subjective and temporary, but not
   persistent or chronic, changes in physical conditions
    e.g. “Helpful for those who feel physically fatigued”
4. Reduction of Disease Risk (later added in 2005)
    e.g. “May reduce the high risk of osteoporosis”
Evidence that must be included in the
            application material
1. Effectiveness : ・The mechanism of the function itself
                     or of the functions based on in -vitro
                      and/or human clinical studies
                    ・Amount of intake
                    ・Scientific evidence for claiming of the
                      specified health use

2. Safety :         ・Judged from history of safe use
                    ・Toxicity, long-term/exessiive intake

3. Quality :        ・Physico-chemical properties of the
                     functional component and
                     analytical methods
                    ・Stability tests
                                               Copyright © JHNFA
Examples of Actual Claims Permitted (1)
               This product contains dietary fiber to
               supplement fiber intake which tends to be
               insufficient in the daily diet. It helps
Dietary Fiber maintain a comfortable gastro-intestinal
               condition and is suitable for those who are
               concerned about their gastro-intestinal
               condition.
 Yogurt        (company name)’s lactobacillus casei
               Shirota is alive when it arrives in the
(Lactobacillus intestines. The Shirota strain helps increase
casei Shirota) good bacillus and decrease bad ones. This
               improves the gastro-intestinal environment
               and keeps the intestines healthy.
Examples of Actual Claims Permitted (2)
                     The main component of this product is
                     diacylglycerol. This is why, compared with
                     other types of cooking oil, it restrains
Cooking Oil          increase of postprandial serum triglycerol
(Diacylglycerol)     and body fat. (This product is recommended
                     for maintaining one’s good health and for
                     those who tend to be overweight with higher
                     level of cholesterol and body fat.)
Sterilized Lactic    This product is suitable for those who are
Acid Drink           concerned about their higher blood pressure.
(Lacto-tripeptide)
Soft Drink           This product is suitable for those who are
(Milk base           concerned about their bone health, as it
                     contains MBP which helps increase bone
protein)
                     mineral density.
FOSHU Amended in 2005
1. Standardized FOSHU:
   Standardized Claims for 3 Dietary Fibers and 6
   Oligosaccharides. No clinical efficacy study, but safety
   study on excessive consumption still required on a product
   basis

2. Qualified Health Claims for FOSHU:
   Evidence (supporting data) is suggestive, but not
   conclusive

3. Reduction of Disease Risk Claims for FOSHU:
   Calcium and osteoporosis, Folic acid and neural tube
   defects; No clinical efficacy study, but safety study on
   excessive consumption still required on a product basis
Standardized FOSHU
                                    Recommended
      Functional Ingredients         Daily Dose    Standardized Claims
            Indigestible Dextrin      3~8 g       As it contains (name of
                                                  the functional
Dietary     Polydextrose              7~8 g
                                                  ingredient), it helps
Fibre       Partially Hydrolyzed      5~12 g      regulate gastro-
            Guar Gum                              intestinal condition.
            Soybean                   2~6 g
            Oligosaccharides                      As it contains (name of
                                                  the functional
            Fructo-                   3~8 g
                                                  ingredient) and
            oligosaccharides
Oligo-                                            increases
          Lacto-sucrose               2~8 g       bifidobacteria, and
saccharid                                         thus helps maintain a
          Galacto-                    2~5 g
es        oligosaccharides                        good intestinal
                                                  environment, it helps
            Xylo-oligosaccharides     1~3 g
                                                  regulate gastro-
            Isomalt-                   10 g       intestinal condition.
            oligosaccharides
Qualified Health Claims for FOSHU
                                  Continuum of Scientific Evidence

                                               Scientific Consensus
Strength of Scientific Evidence




                                               • Significant Scientific Agreement

                                               • Qualified Health Claims
                                                 - suggestive, but not conclusive

                                                 - limited and not conclusive
                                                 - very limited and preliminary

                                                 - highly unlikely/uncertain
                                               Emerging Evidence
Reduction of Disease Risk Claims

        Calcium (300 to 700 mg per day) :
“This product is rich in Calcium. Regular exercise and a
 healthy diet with enough calcium helps young women
maintain good bone health and may reduce their risk of
               osteoporosis later in life.”

     Folic acid (400 to 1,000 mcg per day) :
“This product is rich in Folic acid. Healthful diets with
  adequate Folic acid may reduce a woman’s risk of
 having a child with neural tube defects such as spinal
                     cord defects.”
Foods for Specified Health Uses (FOSHU) Market
                                                               883
900
800                                                    755
                                                             680
700                                              630
                                           569                       550
600                                  567

500                                398
                             412
400                                                                         FOSHU Products
                           289
300                  227
                  171
200   100
            131

                                                                            Total Sales
100                                                                         (Billion Yen)
 0
       1997 1999 2001 2003 2005 2007 2009                                  Copyright © JHNFA
Foods for Specified Health Uses (FOSHU)
             955 Food Products Approved as of April 1, 2011
                                         Functional Ingredients          FOSHU
         Health Claims                        (Examples)                 products   Share

“Helps maintain good gastro-        Oligosaccharides, Lactobacillus,      351       37%
intestinal condition”               Bifidobacterium, Dietary Fiber
“Good for those who have high     Soy Protein, Peptides,                  214       22%
serum cholesterol / are concerned Dietary Fiber, Plant Sterol / Stanol
about serum triglycerides〝        (Esters), Diacylglycerol, MLCT
“Good for those who have high       Dietary Fiber, Albumin,               141       15%
blood glucose levels”               Polyphenols, L-Arabinose
“Good for those who have high       Peptides, Glucosides, Amino           120       13%
blood pressure”                     Acids
“Helps maintain dental              Xylitol, Polyols, Tea Polyphenols,     78       7%
health ”                            CPP-ACP
“Helps improve absorption of        CPP, CCM, Oligosaccharides,            51       5%
calcium minerals”                   Heme Iron, MBP, vitamin k2
“Good for those who have bones      Soy Isoflavonoids
health”
Thank you for your attention!!

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Japan Regulations & Guidelines for Functional Foods

  • 1. Regulations/Guidelines Relating to Functional Foods in Japan April 30, 2011 New Delhi, India Hiroaki Hamano, ILSI Japan
  • 2. Chronology of Regulations/Guidelines on Nutrition and Health Claims in Japan 1991 : Foods for Specified Health Uses (FOSHU) 1995 : Nutrition Labeling Standards 1997-2001 : Deregulation on Vitamins, Minerals, Herbs and Amino acids for Food (Supplement) Use 2001 : Foods with Nutrient Function Claims (FNFC) 2003 : Food Safety Commision 2005 : Amendment of FOSHU (Standardized, QHC & Disease Risk Reduction Claims) 2009-10 : Consumer Affairs Agency, Roundtable on Health Claims on Health Foods incl. FOSHU
  • 3. Foods for patients (medical purposes) Foods for pregnant and lactating women Foods for Special Dietary Uses Foods for infants (Regulated under the Health Promotion Act) Foods for dysphagia patients ● Standardized Formula Foods for Specified Health ● Product-specific Approvals Uses (FOSHU) (1991) Copyright © JHNFA
  • 4. Foods with Health Claims (2001: Rev. in 2005) Foods for Foods with Foods for Specified Nutrient Health Uses [Unregulated] Special Dietary Function (FOSHU, 1991) All other types of Uses Claims (FNFC, Product-specific food 2001) approval system (including the 1. FOSHU majority of so- Drugs Standardized 2. Qualified FOSHU called health formula/labeling 3. Standardized FOSHU foods) (including 4.Reduction of Disease system quasi- 12 vitamins Risk FOSHU drugs) 5 minerals Nutrition facts Nutrient function Nutrition facts Nutrition facts only claims Health claims Warning Statements Warning statements Copyright © JHNFA
  • 5. Introduction of Nutrient Function Claims Foods with Health Claims (FHC) Foods for Specified Heath Uses (FOSHU) (1991) Foods with Nutrient Function Claims (FNFC) (2001) Definition: Foods that are intended to provide or supplement necessary nutrients and to describe the physiological role of the nutrients in normal growth and development or preserving health of the body.  MHLW Pre-authorized Nutrient Function Claims  Min. & max. daily dose levels for each nutrient specified  No pre-marketing permission/notification required
  • 6. Authorized Nutrient Function Claims (1) Min./Max. NUTRIENTS per Day NUTRIENT FUNCTION CLAIMS Vitamin A 135 A nutrient which helps maintain vision at night (μg) 600 A nutrient which helps maintain healthy skin and mucosa Vitamin D 1.50 A nutrient which promotes absorption of calcium and (μg) 5 aids in the development of bone Vitamin E 2.40 A nutrient which helps protect fat in the body from being (mg) 150 oxidized and helps maintain healthy cells Vitamin B1 0.30 (mg) 25 Vitamin B2 0.33 A nutrient which helps produce energy from (mg) 12 carbohydrate and helps maintain healthy skin and mucosa Niacin 3.3 (μg) 60
  • 7. Authorized Nutrient Function Claims (3) Min./Max. NUTRIENTS per Day NUTRIENT FUNCTION CLAIMS Calcium 210 A nutrient which is necessary in the development of bone (mg) 600 and teeth Iron 2.25 A nutrient which is necessary for red blood cell formation (mg) 10 A nutrient which is necessary to maintain the normal function Zinc 2.10 of the sense of taste (mg) 15 A nutrient which helps maintain healthy skin and mucosa A nutrient which is involved in the metabolism of protein and nucleic acid, and helps maintain good health Copper 0.18 A nutrient which helps red blood cell formation (mg) 6 A nutrient which helps normal function of various enzymes in the body and development of bone A nutrient which is necessary in the development of bone and Magnesium 75 teeth (mg) 300 A nutrient which helps normal function of various enzymes, helps generate energy, and is necessary to maintain normal blood circulation
  • 8. Definition of FOSHU (2001) Foods with Health Claims (FHC) Foods with Nutrient Function Claims (FNFC) ◆ MHLW Pre-authorized Nutrient Function Claims ◆ No pre-marketing permission/notification required Foods for Specified Heath Uses (FOSHU) Definition: Foods that contain constituents that have science based specific health benefits on physiological functions or biological activities of the body, and to contribute to preserving or improving health or to other specified health uses.  Product-specific Claims  Pre-marketing permission required for Claims based on Scientific Substantiation
  • 9. Applicable Claims for FOSHU 1. Maintenance and improvement of clinical indices of physical conditions that can be easily measured e.g. “Helps maintain normal blood glucose levels” “Helps promote decomposition of body fat” 2. Maintenance or improvement of good physical conditions and/or biological functions e.g. “Helps regulate bowel movements” “Helps improve absorption of calcium” 3. Improvement of subjective and temporary, but not persistent or chronic, changes in physical conditions e.g. “Helpful for those who feel physically fatigued” 4. Reduction of Disease Risk (later added in 2005) e.g. “May reduce the high risk of osteoporosis”
  • 10. Evidence that must be included in the application material 1. Effectiveness : ・The mechanism of the function itself or of the functions based on in -vitro and/or human clinical studies ・Amount of intake ・Scientific evidence for claiming of the specified health use 2. Safety : ・Judged from history of safe use ・Toxicity, long-term/exessiive intake 3. Quality : ・Physico-chemical properties of the functional component and analytical methods ・Stability tests Copyright © JHNFA
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  • 12. Examples of Actual Claims Permitted (1) This product contains dietary fiber to supplement fiber intake which tends to be insufficient in the daily diet. It helps Dietary Fiber maintain a comfortable gastro-intestinal condition and is suitable for those who are concerned about their gastro-intestinal condition. Yogurt (company name)’s lactobacillus casei Shirota is alive when it arrives in the (Lactobacillus intestines. The Shirota strain helps increase casei Shirota) good bacillus and decrease bad ones. This improves the gastro-intestinal environment and keeps the intestines healthy.
  • 13. Examples of Actual Claims Permitted (2) The main component of this product is diacylglycerol. This is why, compared with other types of cooking oil, it restrains Cooking Oil increase of postprandial serum triglycerol (Diacylglycerol) and body fat. (This product is recommended for maintaining one’s good health and for those who tend to be overweight with higher level of cholesterol and body fat.) Sterilized Lactic This product is suitable for those who are Acid Drink concerned about their higher blood pressure. (Lacto-tripeptide) Soft Drink This product is suitable for those who are (Milk base concerned about their bone health, as it contains MBP which helps increase bone protein) mineral density.
  • 14. FOSHU Amended in 2005 1. Standardized FOSHU: Standardized Claims for 3 Dietary Fibers and 6 Oligosaccharides. No clinical efficacy study, but safety study on excessive consumption still required on a product basis 2. Qualified Health Claims for FOSHU: Evidence (supporting data) is suggestive, but not conclusive 3. Reduction of Disease Risk Claims for FOSHU: Calcium and osteoporosis, Folic acid and neural tube defects; No clinical efficacy study, but safety study on excessive consumption still required on a product basis
  • 15. Standardized FOSHU Recommended Functional Ingredients Daily Dose Standardized Claims Indigestible Dextrin 3~8 g As it contains (name of the functional Dietary Polydextrose 7~8 g ingredient), it helps Fibre Partially Hydrolyzed 5~12 g regulate gastro- Guar Gum intestinal condition. Soybean 2~6 g Oligosaccharides As it contains (name of the functional Fructo- 3~8 g ingredient) and oligosaccharides Oligo- increases Lacto-sucrose 2~8 g bifidobacteria, and saccharid thus helps maintain a Galacto- 2~5 g es oligosaccharides good intestinal environment, it helps Xylo-oligosaccharides 1~3 g regulate gastro- Isomalt- 10 g intestinal condition. oligosaccharides
  • 16. Qualified Health Claims for FOSHU Continuum of Scientific Evidence Scientific Consensus Strength of Scientific Evidence • Significant Scientific Agreement • Qualified Health Claims - suggestive, but not conclusive - limited and not conclusive - very limited and preliminary - highly unlikely/uncertain Emerging Evidence
  • 17. Reduction of Disease Risk Claims Calcium (300 to 700 mg per day) : “This product is rich in Calcium. Regular exercise and a healthy diet with enough calcium helps young women maintain good bone health and may reduce their risk of osteoporosis later in life.” Folic acid (400 to 1,000 mcg per day) : “This product is rich in Folic acid. Healthful diets with adequate Folic acid may reduce a woman’s risk of having a child with neural tube defects such as spinal cord defects.”
  • 18. Foods for Specified Health Uses (FOSHU) Market 883 900 800 755 680 700 630 569 550 600 567 500 398 412 400 FOSHU Products 289 300 227 171 200 100 131 Total Sales 100 (Billion Yen) 0 1997 1999 2001 2003 2005 2007 2009 Copyright © JHNFA
  • 19. Foods for Specified Health Uses (FOSHU) 955 Food Products Approved as of April 1, 2011 Functional Ingredients FOSHU Health Claims (Examples) products Share “Helps maintain good gastro- Oligosaccharides, Lactobacillus, 351 37% intestinal condition” Bifidobacterium, Dietary Fiber “Good for those who have high Soy Protein, Peptides, 214 22% serum cholesterol / are concerned Dietary Fiber, Plant Sterol / Stanol about serum triglycerides〝 (Esters), Diacylglycerol, MLCT “Good for those who have high Dietary Fiber, Albumin, 141 15% blood glucose levels” Polyphenols, L-Arabinose “Good for those who have high Peptides, Glucosides, Amino 120 13% blood pressure” Acids “Helps maintain dental Xylitol, Polyols, Tea Polyphenols, 78 7% health ” CPP-ACP “Helps improve absorption of CPP, CCM, Oligosaccharides, 51 5% calcium minerals” Heme Iron, MBP, vitamin k2 “Good for those who have bones Soy Isoflavonoids health”
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  • 22. Thank you for your attention!!