우리나라 중학생들의 건강기능식품 섭취 실태 및스트레스 인지 수준에 미치는 영향

김민정,김지연,박희정 한국산업식품공학회 2018 산업 식품공학 Vol.22 No.1

Functional foods for health are often consumed among adolescents. To investigate functional food usage, this study surveyed 326 students aged 14-16. 56.3% of the subjects answered that they were interested in health. More than 76% of the subjects thought themselves to be very healthy. Users of functional foods made up 56.7%, and among all types of functional food, probiotic supplements were taken most frequently, followed by nutritional supplements>red ginseng products>enzyme containing products. Most users of functional food got the information on functional food through family (71.3%). 50.3% of users experienced the effectiveness of the functional food when they supplemented. After use, repurchase intent was 58.1%. In order to investigate the relationship between academic stress and functional food usage, groups were classified as stressful (n=124), intermediate (n=122), and low stress (n=84) according to self-perception about stress. There was no significant difference in the intake of functional foods according to academic stress. However, in the intermediate stress group, academic stress index was improved in the users of functional foods. In conclusion, the results of this study can be used to develop functional foods in the future, possibly helping to prepare nutrition education materials, reducing academic stress among adolescents with middle stress.

기능성 식품과 지식재산권- 특허권을 중심으로 -

강명수 부산대학교 법학연구소 2024 법학연구 Vol.65 No.3

식품에 관한 규제 법률들은 다수 있지만 식품법이라는 포괄적이고 일반적인 규제는 없다. 식품의 중요성을 생각해 보면 이러한 상황이 의아하기도 하다. 그런 점에서 한국, 중국, 일본 등 3개 국가의 주요 대학이 식품법을 공통 주제로 하여 학술대회를 진행해 온 것은 매우 고무적이다. 특히 2024년 학술대회는 그 동안 코로나 19로 인해 잠정 중단되었던 행사를 다시 재개한다는 점에서 의미가 컸고, 주제의 다양성도 고려되어 기능성 식품에 대한 특허법적 규제의 현황과 개선 방향 등을 발표하였다. 기능성 식품의 중요성이 높아짐에 따라, 특허발명이나 상표출원 등이 증가하고 있고 향후 그러한 경향은 계속될 것이다. 그런데 우리 특허법에는 기능성 식품 발명에 대한 특유한 규제가 없다. 따라서 일반적인 발명과 마찬가지로 특허법상 발명의 정의, 특허요건, 불특허사유, 명세서 기재 요건이 적용된다. 관련하여 특허청은 기능성 식품 관련 심사기준을 만들어서 발명의 설명 기재요건, 청구범위 기재요건, 부등록사유 해당성 판단시 유의점 등을 정하고 있다. 그리고 식품의 안전성을 담당하는 식품의약품안전처는 기능성 식품의 안전성 검사나 유해성 검사 기준 등을 정하고 있다. 따라서 기능성 식품 관련 발명의 경우 특허청 심사기준의 고유한 기준을 토대로 식약처에서 정한 검사기준 및 방법 등을 참고하여 특허성이나 보호범위를 정할 수 있을 것이다. 그 이외에 기능성 식품의 특성상 기능식 청구항의 해석 기준 법리, 특허권의 존속기간 연장 및 효력제한 사유 해당성 문제가 있고, 실무적으로 기능성 식품 특허의 경우 허위표시 적발 사례가 다수 있기 때문에 이 부분에 규제 보완 등을 검토해 볼 수 있다. 그리고 기능성 식품의 특성상 의약으로서의 성질과 혼용될 가능성이 많기 때문에 이를 구분하여 각각 판단해야 한다는 점도 유의할 필요가 있다. 이와 같이 기능성 식품 발명에 대해 검토할 수 있는 쟁점들이 많이 있는데, 그 동안 식품법 분야와 지식재산권법 분야는 개별적으로 논의되어 왔고 이로 인해 통일적인 연구나 검토가 부족하였다. 앞으로 두 분야가 함께 기능성 식품 관련 특허의 문제를 검토하고 개선방향을 찾아나갈 필요가 있을 것이다. There are many regulatory laws regarding food, but there is no comprehensive and general regulation called the Food Act. Considering the importance of food, this situation may be surprising. In that respect, it is very encouraging that major universities in three countries, Korea, China, and Japan, have been holding academic conferences with food law as a common topic. In particular, the 2024 academic conference was significant in that it resumed events that had been temporarily suspended due to COVID-19, and the diversity of topics was also taken into consideration to announce the current status of patent law regulations and directions for improvement of functional foods. Korean patent law does not have any specific regulations for functional food inventions. Therefore, like general inventions, the definition of invention, patent requirements, reasons for non-patentability, and description requirements under the Patent Act. In relation to this, the Korean Intellectual Property Office has established examination standards related to functional foods and sets out the description requirements for inventions, claim description requirements, and points to keep in mind when determining whether a reason for non-registration is applicable. And the Ministry of Food and Drug Safety, which is in charge of food safety, sets standards for safety testing and hazard testing for functional foods. Therefore, in the case of functional food-related inventions, patentability or scope of protection can be determined by referring to the inspection standards and methods set by the Ministry of Food and Drug Safety based on the unique standards of the Korean Intellectual Property Office examination standards. In addition, due to the nature of functional foods, there are issues with supplementing the legal principles of interpretation of functional food claims, the extension of the duration of patent rights, and the relevance of reasons for limiting effectiveness. In practice, there are many cases of false labeling in the case of functional food patents, so regulations should be supplemented in this area. Also, it is important to note that due to the nature of functional foods, there is a high possibility of them being mixed with medicinal properties, so they must be judged separately. There are many issues that can be reviewed regarding functional food inventions, but the fields of food law and intellectual property law have been discussed separately, resulting in a lack of unified research or review. In the future, the two fields will need to work together to review issues related to functional food patents and find ways to improve them.

A study of consumers' perceptions and prediction of consumption patterns for generic health functional foods

Kang, Nam-E,Kim, Ju-Hyeon,Lee, Yeon-Kyoung,Lee, Hye-Young,Kim, Woo-Kyoung The Korean Nutrition Society 2011 Nutrition Research and Practice Vol. No.

The Korea Food and Drug Administration (KFDA) revised the Health Functional Food Act in 2008 and extended the form of health functional foods to general food types. Therefore, this study was performed to investigate consumers' perceptions of the expanded form of health functional food and to predict consumption patterns. For this study, 1,006 male and female adults aged 19 years and older were selected nationwide by multi-stage stratified random sampling and were surveyed in 1:1 interviews. The questionnaire survey was conducted by Korea Gallup. The subjects consisted of 497 (49.4%) males and 509 (50.6%) females. About 57.9% of the subjects recognized the KFDA's permission procedures for health functional foods. Regarding the health functional foods that the subjects had consumed, red ginseng products were the highest (45.3%), followed by nutritional supplements (34.9%), ginseng products (27.9%), lactobacillus-containing products (21.0%), aloe products (20.3%), and Japanese apricot extract products (18.4%). Opinions on expanding the form of health functional foods to general food types scored 4.7 points on a 7-point scale, showing positive responses. In terms of the effects of medicine-type health functional foods versus generic health functional foods, the highest response was 'same effects if the same ingredients are contained' at a rate of 34.7%. For intake frequency by food type, the response of 'daily consistent intake' was 31.7% for capsules, tablets, and pills, and 21.7% for extracts. For general food types, 'daily consistent intake' was 44.5% for rice and 22.8% for beverages, which were higher rates than those for medicine types. From the above results, consumers had positive opinions of the expansion of health functional foods to generic forms but are not expected to maintain accurate intake frequencies or amounts. Thus, continuous promotion and education are needed for proper intake of generic health functional foods.

A study of consumers’ perceptions and prediction of consumption patterns for generic health functional foods

Nam E Kang,Ju Hyeon Kim,Yeon Kyoung Lee,Hye Young Lee,Woo Kyoung Kim 한국영양학회 2011 Nutrition Research and Practice Vol.5 No.4

The Korea Food and Drug Administration (KFDA) revised the Health Functional Food Act in 2008 and extended the form of health functional foods to general food types. Therefore, this study was performed to investigate consumers’ perceptions of the expanded form of health functional food and to predict consumption patterns. For this study, 1,006 male and female adults aged 19 years and older were selected nationwide by multi-stage stratified random sampling and were surveyed in 1:1 interviews. The questionnaire survey was conducted by Korea Gallup. The subjects consisted of 497 (49.4%) males and 509 (50.6%) females. About 57.9% of the subjects recognized the KFDA's permission procedures for health functional foods. Regarding the health functional foods that the subjects had consumed, red ginseng products were the highest (45.3%), followed by nutritional supplements (34.9%), ginseng products (27.9%), lactobacillus-containing products (21.0%), aloe products (20.3%), and Japanese apricot extract products (18.4%). Opinions on expanding the form of health functional foods to general food types scored 4.7 points on a 7-point scale, showing positive responses. In terms of the effects of medicine-type health functional foods versus generic health functional foods, the highest response was ‘same effects if the same ingredients are contained’ at a rate of 34.7%. For intake frequency by food type, the response of ‘daily consistent intake’ was 31.7% for capsules, tablets, and pills, and 21.7% for extracts. For general food types, ‘daily consistent intake’ was 44.5% for rice and 22.8% for beverages, which were higher rates than those for medicine types. From the above results, consumers had positive opinions of the expansion of health functional foods to generic forms but are not expected to maintain accurate intake frequencies or amounts. Thus, continuous promotion and education are needed for proper intake of generic health functional foods.

우리나라 일부지역 연령대별 건강기능식품 이용 실태

정혜경 ( Hye Kyung Chung ),이해영 ( Hae Young Lee ) 대한영양사협회 2011 대한영양사협회 학술지 Vol.17 No.2

The purpose of this study was to investigate the consumption of health functional foods according to age group. We surveyed 300 subjects with quota sampling aged 10 to 50 and over. The rate of consumption of health functional foods by users was substantial (52.7%). Consumers of health functional foods showed higher scores for interest in health (3.97 vs 3.49, P<0.001) and knowledge of health functional foods (3.79 vs 3.30, P<0.001) than non-consumers of health functional foods. Regarding consumers of health functional foods, the number (P<0.01) and types (P<0.05) of health functional foods, reasons for taking (P<0.05), motivations for buying (P<0.05), periods of taking (P<0.001), cost per month (P<0.01), observance of instruction (P<0.01), and effectiveness (P<0.01) were significantly different according to age group. For non-consumers of health functional foods, reasons for not-taking (P<0.01) and types of health functional foods to be planned (P<0.001) were different according to age group. For consumers and non-consumers, problems (P<0.01) and improvements (P<0.001) for health functional foods showed significant differences according to age group. The majority of subjects (85.4%) answered that heath functional foods had no side-effects. Reported side effects were inappetence (6.6%), constipation (2.6%), and headache (2.0%). In conclusion, differentiated strategies and specialized education programs according to age group might be needed for promoting adequate consumption and preventing side-effects of health functional foods.

Assessment of the Dieticians' Attitudes about Functional Foods and Their Needs for Training

Cha, Myeong-Hwa,Park, Jyung-Rewng,Choi, Jyung-Hwa The Korean Society of Food Science and Nutrition 2005 Preventive Nutrition and Food Science Vol.10 No.3

The object of this study was to examine attitudes and knowledge of Korean dieticians about functional foods. We investigated their perceived knowledge and their attitudes regarding risks versus benefits, and recommendation about the use of functional foods; as well as their frequency of personal use, and the educational supports and training needs of dieticians. We developed a questionnaire to assess the dieticians' attitudes related to functional foods. This questionnaire was used for characterizing functional food-related attitudes on the basis of factor and reliability analysis in the following study. The questionnaires were distributed to 802 practicing dieticians working in Daegu and Gyeongsangbukdo. A total of 244 respondents (mean age $34\pm5.7$ years) returned the completed questionnaires through online surveys. Descriptive statistics and ANOV A were used to analyze data. Fewer than $2\%$ of dieticians claimed themselves to be knowledgeable about functional foods, more than $79\%$ consumed functional foods more than once a week, and $88\%$ of dieticians expressed an interest in receiving training about functional foods. Dieticians had favorable attitudes about the rewards from functional foods but were not confident about the safety and usage recommedation of these foods. The level of knowledge and educational support at their universities about functional foods affected the dieticians' attitudes regarding the rewards from and recommendation about the use of functional foods. These results suggest a need for additional educational opportunities to facilitate a better understanding of the risks and benefits of functional foods and their proper usage. Dietetics professionals must adapt to changes in health practices through effective educational programs integrating sufficient knowledge about functional foods.

건강기능식품의 인체적용시험에 대한 소고(小考)

이은영(Lee, Eun Young) 충북대학교 법학연구소 2021 과학기술과 법 Vol.12 No.2

A health functional food is a product that has different functions from pharmaceuticals, and is a kind of food manufactured using raw materials or ingredients with useful functionalities for the human body. Scientific evidence is needed as to whether these health functional foods are functioning properly, such as maintaining or improving the actual health function or reducing the risk of disease, and whether they are safe for the human body. The process carried out to verify the functionality and safety of health functional foods is the human panel(application) test. Compared to the public s high interest in food safety, the safety of health functional food appears to have remained relatively outside the public s interest. So, the public s awareness of the significance and importance of human panel tests to confirm the safety or functionality of health functional foods seems to be lacking. As a result, acts or statutes to regulate human panel test of health functional foods have not been properly enacted, and the ｢Guideline for Human Panel Test Design｣ issued by the Ministry of Food and Drug Safety is only serving as a guideline. Health functional food has a character that is located halfway between foods and medicinal products(pharmaceuticals) in that it helps to maintain or promote functions beneficial to health. Accordingly, the legal discussion on human panel test of health functional food starts with deciding whether to classify health functional food as food or medicinal product. This is because, depending on the classification of food or medicinal product, the basic orientation or regulatory intensity for the legal regulation of human panel test is determined. In Korea, health functional foods are classified as food and do not require approval from the Minister of Food and Drug Safety to conduct human panel tests. But, it is designed to comply with the International Committee for Harmonization of Pharmaceutical Regulations - Good Clinical Practice of medicinal products or medical devices. However, in the case of health functional food, it cannot be treated in the same way as medicinal products in terms of hazard or risk to the human body. Ignoring each characteristic of health care products and uniformly applying clinical trial principles and ICH-GCP with the highest regulatory intensity can ultimately act as a factor hindering the development of the food industry. In short, in the human panel test of health functional food, a legal standard that is relaxed compared to the stringent ICH-GCP should be prepared separately. For example, in the case of human panel tests, it is necessary to improve the legal and institutional dimensions, such as differentiating clinical trial principles and/or GCP by reflecting the characteristics of health functional food, and simplifying the process of clinical trial conducts. On the other hand, the legal rules for the safety and protection of subjects will not be fundamentally different from clinical trials of medicinal products. The purpose of this study is to prepare a forum for a intensive discussion on human panel test of health functional foods, which has not received much attention in the field of law. To this end, we first examine the significance and procedure of human panel tests for health functional foods, analyze the current legal regulations on human panel tests and their limitations, and then conduct a comparative review of each country s human panel test system. Based on the derived various implications, we present a legal improvement plan for human panel test of health functional foods.

안경사의 건강기능식품에 관한 섭취실태와 인식 연구

오은지,김세미,최문성 한국안광학회 2019 한국안광학회지 Vol.24 No.4

Purpose: This study aimed to provide basic data on the consumption of general and ocular health functional foods by optometrists by identifying general and ocular health functional foods, the characteristics of optometrists, and analyzing their recognition. Method: A survey of 103 optometrists was conducted by visiting opticians located in the Seoul metropolitan area. General health functional foods were reclassified into 16 of the 37 groups currently prescribed as proclaimed health functional foods, and ocular health function foods were divided into five groups, which are defined as individually recognized health functional foods. The actual consumption of general and ocular health functional foods according to the general characteristics general characteristics of optometrist was evaluated using frequency analysis. The recognition of health functional foods was analyzed using the t-test and one-way analysis of variance. Results: The number of optometrists who ate general and ocular health functional foods were 71 and 27, respectively. The most commonly consumed general and ocular health functional foods were nutritional supplements (84.5%) and lutein-containing products (66.7%). In optometrists, the recognition of ocular health functional foods was lower than that of general health functional foods. Consumption of general health functional foods was only important on working days (p≤.05), Consumption of ocular health functional foods was related to age (p≤.05), regular holiday (p≤.05), and years of practice (p≤.05). Conclusions: In this study, we confirmed the need to remind optometrists of health functional foods. This will provide the basis for correct selection and healthy consumption of general and ocular health functional foods. 목적: 본 연구는 안경사의 일반 및 안구 관련 건강기능식품 섭취실태를 파악하고 그에 따른 인식을 분석하여 안 경사의 건강기능식품에 관한 기초자료를 제공하고자 한다. 방법: 수도권 지역에 위치한 안경원을 방문하여 안경사 103명을 대상으로 설문조사를 실시하였으며, 일반 건강기능식품의 분류는 현재 식약처에서 고시 원료로 규정된 37개 항목을 16개 그룹으로 재분류하였으며, 안구 관련 건강기능식품의 분류는 개별인정 원료로 규정된 5개 그룹으로 분 류하였다. 안경사의 일반적 특성에 따른 일반 및 안구 관련 건강기능식품 섭취실태는 빈도분석(frequency analysis)을 실시하였으며, 건강기능식품의 인식 조사는 t-test, one-way ANOVA를 실시하였다. 결과: 일반 및 안구 관련 건강기 능식품을 섭취한 안경사는 각각 71명, 27명으로 섭취한 일반 및 안구 관련 건강기능식품의 종류는 각각 영양보충제 가 84.5%, 루테인 함유 제품이 66.7%로 가장 높게 나타났다. 안경사의 건강기능식품 인식은 일반 건강기능식품에 비 해 안구 관련 건강기능식품의 인식이 현저히 낮은 것으로 나타났다. 일반 건강기능식품은 일반적 특성 중 평균 근무 일수(p ≤ .05)에서 유일하게 유의하였으며, 안구 관련 건강기능식품은 연령(p ≤ .05), 정기휴일(p ≤ .05), 경력(p ≤ .05)에서 통계적으로 유의한 상관관계가 있는 것으로 나타났다. 결론: 본 연구에서는 섭취실태 및 인식 분석을 통하여 안경사의 건강기능식품에 대한 인식을 상기시킬 필요성을 확인하였으며 일반 및 안구 관련 건강기능식품에 대한 기초 자료로의 의의를 가질 것으로 사료된다.

초등학생의 건강기능식품 및 한약 복용 실태에 대한 연구

김미기,정지호,안재선,임정훈,안민섭,박진수,이해자,박은정,Kim, Mi-Ki,Jung, Ji-Ho,Ahn, Jae-Sun,Yim, Jung-Hoon,An, Min-Seop,Park, Jin-Su,Lee, Hai-Ja,Park, Eun-Jung 대한한방소아과학회 2009 대한한방소아과학회지 Vol.23 No.3

Objectives The purpose of this study is to get the basic information from patients how much they understood about their medication and also to know whether patients are making reasonable drug choice between Health Functional Foods and Herbal medicine. Methods 500 questionnaires were handed out to the parents of students in two elementary schools located in OO, Junlabukdo province. 421 questionnaires were completed to be evaluated. Results Among 421 subjects, 53.0% were female, and 47.0% were male. The percentages of the subjects consuming Health Functional Foods and herbal medicine were67.7% and 67.8%, respectively. Among those people who consumed Health Functional Food, 44.1% were using nutritional supplements, red ginseng or ginseng products (26.9%), chlorella products (11.5%), and plum extract products (7.7%). As for the reason to consume Health Functional Foods were varied, but 'in order to be healthy, although currently displaying no illness.'(43.0%) were the most responses among the given choices. On the other hand, the reason for consuming herbal medicine was 'In order to grow taller'(26.1%), 'In order to cure weak physical state frequently displaying common illnesses',(25.9%), and 'In order to cure diseases.'(23.3%). For the questions about effectiveness after consumption,the 69.9% subjects said that it seemed to be effected, and that % was slightly higher than that of subjects with consuming Health Functional Foods(64.4%). For question concerning preferences between Health Functional Foods and herbal medicine, 57.5% chose herbal medicine, and this percentage was higher than that of Health Functional Foods(42.5%).As for the reasons of additional consumption of the Health Functional Foods, subject answered as 'Easy to consume.'(41,6%), which was the most common among the subjects consuming Health Functional Foods. On other hand, the subjects of herbal medicine answered as that herbal medicine is 'more effective'(45.7%), and 'more trustworthy in preventing side-effects.'(40.3%). After consumption of the herbal medication, only 3.9% of the subjects consuming either Health Functional Foods or herbal medicine had side-effects. The most common side-effects were 'dermal reaction' which is normally caused by Health Functional Foods and 'indigestion' problems caused by herbal consumption. Conclusions According to the 421 subjects those involved in study, the percentages of consuming Health Functional Foods(67.7%) and herbal medicine(67.8%) were similar. The most commonly consumed products were a type of Health Functional Foods which were the nutrition-supplying products. Ginseng or red ginseng products were the next commonly used products. Health Functional Foods were commonly consumed for preventing illness and maintaining health rather than any other purpose. In contrary, herbal medicines were more commonly consumed for purposes such as for growth or treating certain type of disease. As a result of consumption, more than half of both subject replied as 'satisfied'. As for the side effects, dermal reaction was the most common problem for those with consuming Health Functional Foods, while indigestion was the most common side effect from the subjects with consuming herbal medicine.

건강기능식품법상 기능성 표시 · 광고 사전심의제도의 위헌성 여부에 관한 연구

이세정 전남대학교 법학연구소 2008 법학논총 Vol.28 No.2

These days there is tendency to classify health functional foods under medical supplies. False or exaggerated advertisement of health functional foods could therefore endanger the consumer’s life, body and health. To guarantee freedom of the business activities, current Health Functional Food Act adopted the Negative system. At the same time, however, a pre-deliberating system has been put in place in order to protect consumers’ right to know through providing accurate information and thereby preventing false or exaggerated advertisement of health functional foods. However, this pre-deliberating system is similar to ‘pre-censorship on press and publication’ stated in Constitution article 21 ②, therefore it is possible to infringe on freedom of expression. Thus, this article examines the labelling and advertisements which are forbidden in current Health Functional Food Act and the effects of their violation; and this article also examines the possibility of this pre-deliberating system being unconstitutional with regards to the labelling and advertisements of health functional foods. The finding of this article shows that this pre-deliberating system can be categorized under items that should be censor-free as stated in the Constitution. In addition to this, under this system, it is illegal to advertise unless approval has been granted by the pre-deliberating board. Moreover, it is mandatory for the pre-deliberating board to conduct an administrative deliberation process. These conditions above all satisfy the components that calls for the pre-censorship prevention principles, as stated by the Constitutional Court: i) mandatory product presentation for approval, ii) an administrative-subjected pre-deliberating process, iii) compulsory process which facilitates the prevention of unapproved expression and pre-deliberating, which indicate the possibility of constitutional violation. Therefore, it is essential to modify the system by removing the possibility of direct/indirect influence from the administrative board’s pre-deliberating measures or processes. It is recommended that nongovernmental associations steer the process instead in order for the pre-deliberating system to be free from the accusations of possibly being unconstitutional. These days there is tendency to classify health functional foods under medical supplies. False or exaggerated advertisement of health functional foods could therefore endanger the consumer’s life, body and health. To guarantee freedom of the business activities, current Health Functional Food Act adopted the Negative system. At the same time, however, a pre-deliberating system has been put in place in order to protect consumers’ right to know through providing accurate information and thereby preventing false or exaggerated advertisement of health functional foods. However, this pre-deliberating system is similar to ‘pre-censorship on press and publication’ stated in Constitution article 21 ②, therefore it is possible to infringe on freedom of expression. Thus, this article examines the labelling and advertisements which are forbidden in current Health Functional Food Act and the effects of their violation; and this article also examines the possibility of this pre-deliberating system being unconstitutional with regards to the labelling and advertisements of health functional foods. The finding of this article shows that this pre-deliberating system can be categorized under items that should be censor-free as stated in the Constitution. In addition to this, under this system, it is illegal to advertise unless approval has been granted by the pre-deliberating board. Moreover, it is mandatory for the pre-deliberating board to conduct an administrative deliberation process. These conditions above all satisfy the components that calls for the pre-censorship prevention principles, as stated by the Constitutional Court: i) mandatory product presentation for approval, ii) an administrative-subjected pre-deliberating process, iii) compulsory process which facilitates the prevention of unapproved expression and pre-deliberating, which indicate the possibility of constitutional violation. Therefore, it is essential to modify the system by removing the possibility of direct/indirect influence from the administrative board’s pre-deliberating measures or processes. It is recommended that nongovernmental associations steer the process instead in order for the pre-deliberating system to be free from the accusations of possibly being unconstitutional.