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.
Claims for products that contain caffeine should not go beyond claims such as “Some experts believe that caffeine has a mild stimulatory effect” (for example, improving reaction time, concentration and endurance). Marketers should strike a balance between ensuring that enough caffeine is in the advertised product to generate the claimed effect and encouraging excessive consumption, which can be potentially harmful to some people or in some circumstances.
See 'Sports Supplements: Energy'. Tea flavonoids, also known as tea polyphenols, are believed to have diverse beneficial biochemical and antioxidant effects. CAP understands that the amount and type of those antioxidant compounds in tea not only differ from flavonoids found in fresh fruit and vegetables but also vary between the different types of tea. Although white, green, and black teas are all derived from the leaves of the Camellia sinensis plant, their processing determines the characteristic flavonoid content. Another variable is the absorption of antioxidants from tea, which can be affected or reduced by mixing milk with the drink. The ASA has looked several times at the available evidence for the efficacy of antioxidants found in tea and taken expert advice. After its most recent analysis of the body of evidence in this area, the ASA concluded that antioxidants were present and bioavailable in tea but a positive relationship between antioxidants found in tea and health had not yet been established although the evidence was encouraging (United Kingdom Tea Council 26 September 2007). Marketers wanting to make health claims for antioxidants in tea should therefore ensure that they hold evidence of human trials that shows that tea specifically, not antioxidants in principle, has a demonstrable effect on health.
According to the National Heart Forum, good evidence exists that a diet rich in a range of vegetables and fruit (five portions a day) is beneficial and lowers the risk of coronary heart disease But, although that benefit is proven for fruit and vegetables, CAP understand that the evidence is inconsistent on whether that benefit can be attributed specifically to antioxidants.
For full details, please see the Advice Online entry on Antioxidants. Briefly, at this stage, CAP advises that no health benefits for any type of tea have been established in relation to its antioxidant content and therefore no such claims – either general or specific – should be made. Without robust evidence, marketers should not claim or imply that tea can make the same type of contribution to diet that fresh fruit and vegetables do (United Kingdom Tea Council 26 September 2007; Tetley GB Ltd, 3 June 2009).
That said, marketers should be aware that new legislation came into force on 1 July 2007 regulating nutritional and health claims for foods. That legislation (European Regulation (EC) No 1924/2006 on Nutrition and Health Claims Made on Foods) will almost certainly apply to nutritional benefit claims for flavonoids in foods. When the regulation comes into full force, marketers will be able to use 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. Marketers should be aware that any claims deemed to provide a nutritional benefit to the consumer are likely to be considered “nutritional claims” and should therefore seek guidance from the FSA if they suspect they are making such a claim. (The FSA's Guidance on the Regulation can be accessed on their website.)
The Regulation applies also to health claims: those that refer to a relationship between a food or ingredient and health, for example “omega 3 could help to keep your heart healthy”. It is also our understanding that, because the term "antioxidant" refers to a function of the body, the claim "contains antioxidants" is likely to be seen as a health rather than a nutrition claim. Furthermore, under the Regulation, marketers will, for the first time, be able to make disease risk reduction claims. Marketers should of course remember that medicinal claims (with the exception of disease risk reduction) will still be subject to existing restrictions when made for foods. CAP advises marketers seeking clarification of what could constitute a medicinal claim to consult the Borderline Unit of the MHRA (www.mhra.gov.uk). The European Union Register of Authorised health claims now exists, however it is not yet complete. The 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 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.
See Tea: General, Tea: Health Claims, Functional Foods, Food : General and Antioxidants.
Last modified : 23 September 2011