Sports nutrition products in 2014: should these products further be regulated at community level?

This paper evaluates the need for further provisions covering sports nutrition products in the European Union by taking a dual approach. Firstly, the shortcomings, if any, of the sports nutrition market under the current regulatory framework were evaluated, particularly with regards to compliance of marketed products under current European provisions. Secondly, the opinion and position of relevant stakeholders was collected either by consulting public statements or via directly contacting the latter. Relevant stakeholders in this context include regulating authorities, as well as major representatives of consumers of sports nutrition products, and the sports nutrition industry. As a result, three potential policy options were identified to address the current regulatory state of affairs for sports nutrition products in Europe: the first foresees that provisions are not taken at European level but rather at National level; the second consists of incorporating provisions covering sports nutrition products under existing pieces of horizontal legislation; the third foresees the adoption of a separate legislative Act exclusively for sports nutrition products. Considering both stakeholders’ opinion and the current functioning of the sports nutrition market, it appears that the second policy option may be the preferred and most realistic alternative.