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.
CAP and the ASA accept general claims that tea can provide soothing psychosomatic effects for the drinker (for example, “Tea makes you feel whole again” or “Tea eases you through the day”). Marketers may emphasise the social or relaxing benefit of stopping for a cup of tea, for example “Relax with a cuppa”, but should take care about encouraging specific groups (such as pregnant women or children) from consuming too much caffeine.
The ASA has accepted that, although it has a mild diuretic effect, tea drinking in moderate quantities can increase the body’s fluid levels.
No evidence has been seen for the health benefits associated with the antioxidant content of tea. Please refer to Tea: Flavonoids, Tea: Health Claims and Antioxidants for full details and for relevant ASA adjudications.
Marketers must be aware of, and ensure they are familiar with, European Regulation (EC) No 1924/2006 on Nutrition and Health Claims Made on Foods which applies to nutritional benefit claims for tea. We understand that marketers may now only make a nutrition claim if it appears in the Annex to the Regulation and if their product meets the criteria set out in the Annex. Nutrition claims may differ in wording to those set out in the Annex but will still need to meet the relevant criteria. The Annex to the Regulation can be found here:
http://ec.europa.eu/food/food/labellingnutrition/claims/nutrition_claims_en.htm
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”. 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/nuhclaims/?event=search&status_ref_id=4
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 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/nuhclaims/?event=search&status_ref_id=4
The situation in relation to producing marketing communications under the Regulation is complex and continues to develop. Owing to changes in 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 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).
See Medical Claims: General, Tea: Health Claims, Tea: Flavonoids, Antioxidants, Food
Last modified : 30 December 2011