社会上通行的保健品一词,概念笼统,范围很广,很多消费者将“保健品”与“保健食品”的概念混淆,这是保健食品常见的消费误区之一。再加上一些保健食品生产经营人员五花八门的推销方式,严重扰乱了市场秩序,损害了消费者权益。食品保健食品欺诈和虚假宣传专项整治开展已一年多,全国食品保健食品欺诈和虚假宣传整治工作领导小组办公室于近日组织编写了《食品保健食品欺诈和虚假宣传整治问答》(以下简称《问答》),把保健品和保健食品的区别列为基本常识之一。

  对此,中国保健协会副理事长兼秘书长徐华锋在首届健康中国年会暨第四届营养健康食品产业高峰论坛上表示,当前我国保健食品行业仍处于发展中规范阶段,面临着法律法规不完善、企业生产销售过程不规范、消费者对行业存在困惑等问题,《问答》对整治相关法律法规、规定等进行了系统梳理,并采用问答的方式消除了大众疑虑,对行业具有指导意义。

  保健食品行业在20年来的发展过程中,存在很多消费误区。其中,一部分消费者认为保健品是保健食品的简称,但根据《问答》显示,保健食品具有明确的法律定位,其监管法律依据为食品安全法,产品属性为食品。而“保健品”没有明确的法律定义,一般是对人体有保健功效产品的泛称,诸多宣传报道中提及的“保健品”,实为内衣、床垫、器械、理疗仪等,而非食品或保健食品。

  《问答》指出,在媒体宣传报道和监管人员执法过程中,首先应依法辨别产品属性,清晰界定产品是食品还是用品,是保健食品、普通食品还是有毒有害食品,报道、文件和文书中应根据产品的实际属性,依法规范表述产品名称,不能一概笼统表述为“保健品”,造成事实不清、监管错位和信息误导。

  徐华锋表示,《问答》将保健品和保健食品的区别列为问题之一,强调了该问题的重要性,更折射出很多普通消费者对这一基本问题仍然存在困惑的现实。“很多从业人员都尚且不能准确解释出来的词,消费者更是搞不清楚。”徐华锋说,当前,在大健康产业发展背景下,保健食品市场日益庞大,但消费者对保健食品的认知似乎没有随着行业发展前进。需要提醒消费者注意的是,在将保健食品区别于保健品这一大概念之后,普通食品、保健食品和药品三者的概念更需要仔细区分、认真辨别。

  据国家市场监管总局公开发布的数据显示,截至今年7月,全国各地共查处食品保健食品违法违规案件3.7万余件,货值金额16.2亿元,抓获犯罪嫌疑人8600多名,整治工作取得阶段性成效,市场经营环境得到有效净化。食品保健食品欺诈和虚假宣传问题主要表现在三个方面:一是非法添加和非法声称功效;二是采用发布虚假广告和不正当手段推销产品,如利用网络、会议营销、电视购物、直销等方式误导和欺骗消费者;三是故意混淆普通食品、保健食品和药品三者概念,特别是普通食品、保健食品违法宣称疗效。

  “比如消费者通常认为药酒就是保健酒、保健食品,事实上,药酒被归为药品类,需按照说明书服用剂量喝,而消费者往往忽略了这一点。这种现象形成的原因非常复杂,既有法律法规不完善,行业企业未能向消费者科学普及,同时也存在科普过程中词语使用不当等问题。”对此,徐华锋表示,未来长时间内,在消费环节、在市场领域把保健食品的法律法规、政策观点完全给消费者讲透不容易,这也是行业协会进行科普的一大难点。因此,一些宣传报道误把药品、普通食品等归为保健食品,在给消费者带来疑惑的同时,也为保健食品行业的良好有序发展带来了阻力。

  据了解,《问答》既包括食品保健食品的基本常识,供大众了解学习,同时涵盖广告审查与监管、非法添加及检测等类别,以便于各地监管部门在整治工作中参考。徐华锋呼吁,要解决营养保健食品宣传的问题,必须要有科普。而科普,科学才是关键。

营养健康成风口 摸清脉门谋转型

  今年是改革开放40年,中国食品产业经历了40年的洗礼发生了翻天覆地的变化。在前20年,食品产业经历了一个高速增长的发展阶段,是我国名副其实的第一大产业,已经超过10万亿元的规模。近年来,食品产业出现增长明显放缓的迹象,由两位数的增长率变为一位数的增长率。据统计,今年1—8月,规模以上食品企业主营业务收入已达到12万亿元,增长率7.7%左右。

  就目前的经济形势和中央提出的经济结构调整而言,食品产业转型升级是无法回避的,这其中,企业面临着更加复杂和不断变化的内部结构调整与外部约束。这对食品产业来说既是挑战,也是机遇。

中国社会科学院食品药品产业与监管研究中心主任张永建认为,目前我国的食品产业正经历双转变阶段:一是以数量扩张为主转向以素质提高为主;二是以能量供给为主转向营养供给为主。对于企业而言,这就意味着经营管理过程还有很大的改进和提升空间。

  据中国食品报社中国食品安全舆情技术总监雷涛介绍,中国食品报社与众云大数据平台共同建设了2018年保健食品行业网络舆情监测,从今年1—9月的舆情走势来看,营养健康产业的风口正在形成,尤其是以90后为主的新生代养生群体,带出了青年营养健康产品消费的巨大市场。

  虽然有许多企业看见风口后试图转型,但在过程中却摸不清脉门。企业转型升级需要深思熟虑,张永建提出五点:一是产品的开发设计和品牌的培育拒绝同质化;二是在保证食品安全的同时,高度重视延伸食品安全和影响问题(所谓延伸食品安全,即指长期不合理的饮食结构可能导致的各种疾病和健康问题);三是重视产品的营养化和功能化;四是重视绿色有机天然环保;五是考虑用户需求,产品更加个性化和精致化。

  北京普天盛道企业策划有限公司创始人兼总经理雷永军认为,目前最重要的就是制定营养健康行业标准,提升行业和企业个体品质,敢于创新。

  另外,要培育科学理性和有选择能力的消费者。碧生源控股有限公司副总裁林如海表示:“作为大健康保健食品企业,销售的不仅仅是产品和产品功能,更多要以科普的角度教育消费者,告诉他们什么样的产品是正确的,让更多人科学维护自身健康。”消费者科学水平的提高既可以避免不必要的误会发生,也有助于营养健康食品产业的发展。

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