Uma análise de legislações para alegações de propriedade funcional e saúde: alimentos ou medicamentos ?

Abstract

Functional Food can be understood as the ones that, because of their physiologically active components, provide health benefits besides the basic nutrition. That emergent food category appeared in Japan in the middle eighties. From then, other countries developed their regulatory system concerning Functional Food. In Brazil it is possible to allege that certain kinds of food have functional and/or health properties. Observing that situation, we can see many important incongruities and interactions between food and medicine legislation. An analysis at the conceding register published by ANVISA shows that the same product can be registered in both categories. Heal claims can t be avoided, since it can be an important vehicle of information to the consumers. However, it is necessary to establish clear rules so that the consumers can have access to a real instrument for their health care. Regulation agencies of any country must be directed to guarantee to the consumers food security and quality. Clear rules for industries are necessary so that at the end of the process the consumer is not deceived by fake promises of cure. Going deeper into the discussion about Functional Food legislation emerges the suspect of the legitimacy of the process of turning food into medicine by the regulation agencies, both on national and international scopes. The objective of this study is not to discuss food functionality. Our focus of attention was to demonstrate the sanitary risks related to absence of clear definitions about the regulation of that arising food category and, besides, discuss its implications to Public Health.