Policy and regulatory developments in sports nutrition 2024

Overcoming 2024's regulatory hurdles in sport nutrition
Overcoming 2024's sports nutrition regulatory hurdles (Getty Images)

Reflections on the past year and insights on what lies ahead from the perspective of the Chair of the European Specialist Sports Nutrition Alliance (ESSNA)

The sports and active nutrition industry in Europe experienced a year of change from a political and policy perspective in 2024.

With the EU elections taking center stage this year, EU policymakers worked to either wrap up, make progress or delay a number of policy initiatives of relevance for the sector at a time when the political agenda was aimed at making the food system healthier and more sustainable for European consumers.

In the aftermath of the elections and the commencement of a new European Commission and a new set of policy priorities for the next five years expected to be unveiled in February 2025, the big questions for the industry are: Will the public health and sustainability aspects of food policy still be on policy makers’ agenda and what next year holds for the sports foods sector?

Key developments in sports foods: marketing, composition and novel foods

This year saw progress on several regulatory fronts that directly impact the composition and marketing of sports foods.

1. Levels of vitamins and minerals in focus

The European Food Safety Authority (EFSA) completed the review of its scientific opinions on upper levels of vitamins and minerals in foods and food supplements.

This work was particularly relevant for the sports and active nutrition sector, as it will influence product formulation. The reviews stem from a renewed push by the European Commission to establish EU-wide maximum permitted levels (MPLs) for vitamins and minerals—work that had been dormant for nearly two decades.

However, despite EFSA’s input, work on the Commission’s side to define a calculation method to derive MPLs has been progressing slowly, leaving uncertainty about the next steps.

What we know is that a public consultation will be open in spring 2025, giving the sector an opportunity to campaign for sound levels that do not impact the industry.

In parallel with this initiative, France has also introduced proposed new MPLs for food supplements, which are generally much lower than the current ones.

The Netherlands amended its MPL for vitamin B6 in food supplements but also announced work on MPLs in other foods, including sports nutrition products.

2. Nutrition and Health Claims Regulation (NHCR)

In 2024, we also saw an important development regarding the Nutrition and Health Claims Regulation (NHCR), which is the main framework for communicating the benefits of sports foods.

In early 2024, the European Parliament published its own initiative report—which is not legally binding—recommending updates to the regulation. Notable proposals include:

• Introducing nutrient profiles to restrict health and nutrition claims on foods high in fat, sugar and salt (HFSS).

• Resolving the long-standing issue of health claims for botanicals, which have been “on hold” for years.

• Restricting claims related to “no added sugars,” which could impact marketing strategies for many sports products.

The Commission responded to this report, mentioning the possibility of addressing the Parliament’s recommendations based on the priorities of the new Commission yet refraining from providing more detailed information on the next steps.

3. Novel foods guidance

EFSA also issued new guidance on the scientific requirements for authorizing novel foods. This is particularly important for sports nutrition companies, as novel food legislation in the EU remains complex.

Understanding and navigating these rules will be critical for businesses looking to innovate and bring new products to market.

Sustainability: regulatory developments to watch

Sustainability remained a key theme in 2024, with significant progress on regulatory initiatives that will impact the sports foods sector. The Packaging and Packaging Waste Regulation (PPRW), the Directive on Empowering Consumers in the Green Transition and the Corporate Sustainability Due Diligence Directive were formally adopted. Work also continued on the Green Claims Directive and the Waste Framework Directive, with negotiations expected throughout 2025.

These measures aim to integrate sustainability across the food chain, from manufacturing to distribution, marketing and waste management. Sports nutrition businesses must prepare to adapt to the new requirements, which will likely affect product design, claims and overall operations.

What does 2025 hold for the industry?

With the EU entering a new policy cycle, the future of food and nutrition regulation is taking shape. Here’s what ESSNA anticipates as the main drivers and trends for 2025:

1. A new Vision for Agriculture and Food

The European Commission plans to launch its Vision for Agriculture and Food within the first 100 days of its new mandate. This vision is expected to shape the broader regulatory landscape, and sports foods businesses should stay engaged to ensure their needs are addressed.

2. Evolving consumer information

There are speculations that the Commission may consider reviewing the EU food labeling legislation focusing on the use of digital tools to support provisions of voluntary information to consumers.

We may also see an interest in evaluating current national rules on the marketing of HFSS foods and a potential EU proposal on this.

However, the Commission’s Political Guidelines, which were published last September, didn’t make any reference to the role of nutrition in public health, so a question remains on whether this will be deprioritized in the new mandate.

3. Sustainability transition and competitiveness

The Commission has indicated its intent to reduce administrative burdens and boost competitiveness during the industry’s sustainability transition. However, the immediate focus will remain on implementing existing European Green Deal measures rather than introducing new legislation.

4. MPLs for vitamins and minerals

In 2025, we will learn whether the Commission has enough support to move ahead with MPLs for foods, including sports nutrition products and food supplements.

France has been adamant that it will push ahead with its restrictions regardless of EU harmonization. 2025 will be a test for such determination in the face of decades of EU case law.

As the sports nutrition sector navigates this evolving landscape, engagement and proactive campaigns will be critical.

ESSNA is committed to ensuring that EU legislation remains fit for purpose, supporting innovation and industry growth and based on members’ priorities, and will be carrying out targeted public affairs campaigns across Europe to achieve this.

Companies and organizations interested in finding out more and shaping the future of the sector can get in touch with ESSNA at info@essna.com