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.
Directive 2001/15/EC lays down certain requirements for substances that may be added for specific nutritional purposes to certain foods “for particular nutritional uses”, foods that are distinct from those considered for ‘normal’ consumption. They include (but are not limited to) infant formulas, baby foods, some weight-reduction products, “sports foods” and foods for special medical purposes.
Because neither the ASA nor CAP interprets or enforces the law, we cannot give specific advice on those types of foods. Marketers should therefore consult the Food Standards Agency (www.food.gov.uk).
Marketers should be aware that, since 1 July 2007, “foods for particular nutritional uses” have been covered by the new European Regulation (EC) No 1924/2006 on Nutrition and Health Claims Made on Foods. But if they apply to the use of claims on food, PARNUTS requirements take precedence over the Regulation on Nutrition and Health claims Made on Foods.
Under the Regulation marketers may now make a nutrition claim only if it appears in the Annex to the Regulation and if their product meets the criteria set out in the Annex. For the Annex and conditions applying to such claims please click on the following link:
http://ec.europa.eu/food/food/labellingnutrition/claims/community_register/nutrition_claims_en.htm
Nutrition claims might differ in wording to the claims listed in the Annex but if they are likely to have the same meaning for the consumer they will be subject to those same requirements. Essentially, claims about any element of a food seeming to offer a nutritional benefit to the consumer are likely to be considered “nutritional claims” and should comply with the Annex. (The FSA's Guidance on the Regulation can be accessed here: http://www.food.gov.uk/multimedia/pdfs/ec19242006complianceguide.pdf). EFSA are still reviewing the proposed claims submitted. Progress on the claims can be found at www.efsa.europa.eu.
Furthermore, when the European Union Register of authorised health claims is complete, no health claim may be made for a food unless it is on the Register:
http://ec.europa.eu/food/food/labellingnutrition/claims/community_register/authorised_health_claims_en.htm
Last modified : 23 September 2011