Legislation on a particular food or on a particular claim to be used in con
nection with a food require a definition of the food and unequivocal requir
ements for the use of the claim. The definitions of prebiotics and probioti
cs presently place these terms between the categories for conventional food
s and foods for special dietary uses. Because probiotics and prebiotics, as
a group, do not fulfill the criteria for special dietary uses, they have t
o comply with the rules and laws for conventional foods even if the require
ments for the use of the terms prebiotic and probiotic include effects on b
ody functions. These effects on the health and wellness of the consumer and
to stimulatory activity, eg, body defense mechanisms, can be used in claim
s that should underline the importance of the total dietary pattern. It is
suggested that setting up rules for the use of the terms prebiotic and prob
iotic is preferable to creating new food standards.