Food supplements

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.

The CAP Code includes specific rules on the advertising of vitamins and minerals and other supplements (Rules 15.7, 15.8 and 15.9) Broadly, the following principles apply: 

1. A well-balanced diet should provide all the nutrients needed by a healthy individual;
2. Marketers must not imply a widespread deficiency of nutrients readily available in the diet; 
3. Marketers must not claim to treat clinical vitamin or mineral deficiency;
4. Marketers must not make medicinal claims for food supplements (see ‘Medicinal Claims’);
5. Marketers must not encourage replacing a healthy diet with supplementation;
6. Some claims that supplements could improve specific bodily functions, elevate mood or improve health will be permitted by the European Commission (EC) in the future but, at present, such claims are still classed as prohibited medicinal claims (see below for an explanation of the EC Regulation on Nutrition and Health Claims Made on Foods);
7. All health claims should be supported by rigorous scientific evidence.

Supplements generally fall into two categories: vitamins and minerals, whose contribution to maintaining general health is established, and other supplements (other nutrients, herbal products, chemicals and the like) that might or might not have been proven to affect health in more specific ways.

Vitamins and Minerals

Many vitamins and minerals have an associated Recommended Daily Amount (RDA) for intake. In supplement form, those nutrients may be advertised to groups that are at risk of inadequate intake but ads should not directly claim or imply a benefit of exceeding an RDA (for example “provides twice your daily dose of Vitamin C”) until such a claim has been approved by the EC. In the absence of an RDA, no claim that implies one exists (for example “provides half your daily Omega 3 needs”) should be made.

The Changing Law

Food supplements and marketing communications for them are subject to legislation. Marketers might want to check with a lawyer or a Trading Standards officer to ensure they comply with food and medicines law (more below). Existing food law is being supplemented and replaced by the EC Regulation on Nutrition and Health Claims Made on Foods, which, although not yet full force,  governs the health claims that can be made for food supplements.

Nutrition claims, should not be made unless they appear in the Annex to the Regulation and the relevant product meets the criteria set out in the Annex.

http://ec.europa.eu/food/food/labellingnutrition/claims/community_register/nutrition_claims_en.htm

The Regulation also applies to health claims, defined as those that refer to a relationship between a food or an ingredient and health: those that are discussed in this guidance. The regulation is subject to complex transitional periods and is not yet fully in force. EFSA are currently reviewing the proposed claims. Progress on the claims can be found at www.efsa.europa.eu.  The European Union Register is published, but not yet complete. When it is complete  no health claim may be made for a food unless it is on the European Union Register. Marketers of food supplements may make some claims that were not previously permitted by law, for example disease-risk-reduction claims (Article 14 claims) and ones relating to improvement of health.  Please note only those claims disease reduction claims which are on the European Union Register can be made:
http://ec.europa.eu/food/food/labellingnutrition/claims/community_register/authorised_health_claims_en.htm

The situation in relation to advertising under the Regulation is complex and continues to develop.  Owing to changes to the timescale, certain aspects of the Regulation which have been incorporated into the CAP Code are not yet in force. Please contact the Copy Advice team if you have any questions in relation to the status of particular rules.

Marketers should remember that medicinal claims will still be subject to existing restrictions, which state that it is illegal to make medicinal claims for any food supplement (that it can prevent, cure or treat disease or an adverse condition). CAP advises marketers seeking clarification of what could constitute a medicinal claim to consult the Borderline Unit of the Medicines and Healthcare products Regulatory Agency (MHRA) www.mhra.gov.uk, the Food Standards Agency or their Trading Standards local or primary authority.

Until the European Union Register of health claims is complete the ASA will continue to investigate claims that are not listed on the Register (and have not been specifically rejected) and require that substantiation to be provided for these claims. Marketers promoting supplements containing vitamins and minerals might currently find it helpful to consult the list of approved (and rejected) list of well-established nutrient function statements that was prepared by the Joint Health Claims Initiative. It can be found at: http://www.food.gov.uk/multimedia/pdfs/jhci_healthreport.pdf. 

Some supplements offered in the UK consist of medicinal herbs. CAP understands that it is permissible to market medicinal herbs, for example Milk Thistle or St Johns Wort, only if they are licensed by the MHRA or, if they qualify, as exempt herbal remedies, which may be offered for sale but no claims may be made. If the products on sale are registered as traditional herbal remedies (THR) with the MHRA’s THR scheme, a specific claim about that product’s traditional use as a remedy is subject to compliance with the requirements of the scheme and all applicable regulations (see ‘Traditional Herbal Remedies’ and ‘Herbal Medicine’). Once again, marketers are strongly urged to contact the MHRA.

Last modified : 23 September 2011