Recently, I came across a statement from a nutritionist claiming that if a product label includes phrases like “gluten-free” or “sugar-free,” we should “run for the hills because it’s a scam by companies trying to harm our health!” To say I was taken aback by this claim, as well as by the fearful reactions of followers and a flood of “experts” discussing topics they know little about, would be an understatement.
Since we defend by knowledge on this blog, let’s clarify what nutritional and health claims are, how they are substantiated (and under what conditions they may be used on products), and how their misuse is penalized.
What Are Claims on Food Products?
Claims are statements used by food companies to highlight specific beneficial effects of their products concerning health and nutrition. These claims appear on product labels or in advertisements.
According to EU Regulation 1924/2006 on nutrition and health claims made on foods, a “claim” refers to any message or representation not required by law, including text, images, graphics, or symbols, which states, suggests, or implies that a food has particular characteristics”.
Types of Claims
- Nutritional Claims
Defined by EU Regulation 1924/2006 as:
“Any claim which states, suggests, or implies that a food has particular beneficial nutritional properties due to:- (a) The energy (calorific value) it:
- i. provides;
- ii. provides at a reduced or increased rate; or
- iii. does not provide;
- and/or (b) The nutrients or other substances it:
- i. contains;
- ii. contains in reduced or increased amounts; or
- iii. does not contain.”
- (a) The energy (calorific value) it:
- Health Claims
Also defined by EU Regulation 1924/2006 as:
“Any claim which states, suggests, or implies a relationship between a food category, a food, or one of its constituents and health.”
Conditions for the Use of Nutrition and Health Claims
Claims must meet the following criteria:
- They must not be false, ambiguous, or misleading.
- They must not cast doubt on the safety or nutritional adequacy of other foods.
- They must not encourage or condone excessive consumption of any food.
- They must not imply that a balanced and varied diet cannot provide adequate amounts of nutrients.
- They must not reference changes in bodily functions that could provoke or exploit fear among consumers through text, imagery, graphics, or symbols.
Examples of Nutrition Claims and Their Conditions
- “Sugar-Free”: A claim that a food is sugar-free can only be made if the product contains no more than 0.5 g of sugar per 100 g or 100 ml.
- “Reduced Energy”: A claim that a food has reduced energy can only be made if its energy value is reduced by at least 30%, along with an indication of the property/properties responsible for the reduction.
How Do Companies Substantiate Their Nutrition Claims?
Laboratory analyses of the product.
What are the conditions for approval to make certain health claims on a product?
- Submission of a request for approval to the competent authority.
- Approval by the competent authority.
What are the permitted health claims?
- Claims regarding the reduction of disease risk.
- Claims regarding the development and health of children.
How do companies prove they have met the legislative requirements (related to health claims) and that health claims can appear on their labels?
By the approval of the competent authority.
What is not allowed in health claims?
The following health claims are not allowed:
(a) Claims that suggest health could be jeopardized by not consuming a particular food;
(b) Claims that refer to the rate or amount of weight loss;
(c) Claims that refer to recommendations from individual doctors, health professionals, or other associations not listed in Article 11 of Regulation 1924/2006.
How is improper use of nutritional and health claims penalized?
Like any violation of legal regulations, it is rated as MAJOR. We all know the consequences of this…
I believe that from the above, you can conclude that claims cannot be simply placed on a product, and it is the companies’ responsibility to substantiate these claims. Therefore, in the context of the claim at the beginning of the text, the best argument would be: DEFEND WITH KNOWLEDGE!
Our agency can help you implement GFSI standard requirements related to claims, provide training on this topic, and ensure compliance with legal regulations. Contact us!!!
