Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
EC Regulation No 1924/2006 On Nutrition and Health Claims Made on Foods (the ‘Regulation’) came into effect in the UK on 1 July 2007 and applies to all health and nutrition claims made in commercial communications, whether in the labelling, presentation or advertising of foods. It also applies to trade marks and other brand names that could be construed as nutrition or health claims. The Department of Health has produced guidance in relation to the application of the Regulation as a whole see http://www.dh.gov.uk/health/2011/11/health-claim/ for further information.
Health claims are those that refer to a relationship between a food or ingredient and health. The European Union Register of Authorised health claims now exists, however it is not yet complete. The European Union Register can be viewed here:
http://ec.europa.eu/food/food/labellingnutrition/claims/community_register/authorised_health_claims_en.htm
Once the Register is complete, the only health claims which will be acceptable will be those on the Register. Until then the ASA will continue to investigate advertising claims that are not listed on the Register (and have not been specifically rejected) and will require advertisers to provide substantiation to support them.
Under the Regulation, marketers may, for the first time, make disease risk reduction claims but the only acceptable claims of this type are those on the Register:
http://ec.europa.eu/food/food/labellingnutrition/claims/community_register/authorised_health_claims_en.htm
Aside from approved disease reduction claims, claims that state or imply a food prevents, treats or cures human disease are not acceptable in marketing communications for food products (Rule 15.6.2).
Last modified : 13 April 2012