The NHF also intervened at one point to make the argument that NRVs should reflect the fact that the nutrient levels in soils had been greatly depleted over the last 50 years, as confirmed by a major UK study which analyses government records over this period. Similar findings have been found through analyses of U.S. Department of Agriculture records in the United States. The Chairman of the Codex Committee, though, strongly disagreed with the NHF position, saying that a German study had stated otherwise. NHF responded that both U.S. and Canadian studies had also confirmed the UK study. The Chairman, unmoved, refused to let the report reflect this intervention by NHF.
Another crucial agenda item of contention was the scientific basis of health claims. Just as with risk assessment, the progress of the meeting confirmed that Codex is running parallel with recent European legislation, in this case the Nutrition & Health Claims Regulation, which came into effect across the EU on July 1, 2007. In order to justify any health claims, there is a real risk that evidence from randomized controlled clinical trials will be required, which are prohibitively expensive for all but the largest food corporations. Furthermore, the NHF and other INGOs argued that observational evidence where this was of a high quality should suffice in place of randomised controlled trials, as the latter were unable to yield accurate results given that control groups could not be deprived of nutrients. The NHF continues to be deeply concerned that the scientific requirements are being set deliberately high to exclude smaller companies, which have, in fact, been the pioneers in the area of health and functional foods. Dr. Verkerk echoed his concerns about the European legislation, indicating that the system under consideration in Codex, just like the current EU model, is a "passport for big business"; with Scott Tips adding, "This plays into the hands of those proponents of big government who dream of having the power to control every aspect of our lives."