Food & Supplements

There are detailed rules on food, nutrition and health claims in Rule 13 of the BCAP Code.

Following Brexit the UK Government has decided to retain the requirements of the EU Regulation relating to nutrition and health claims in order to protect consumer interests. The Great Britain nutrition and health claims (NHC) register can be found here: Great Britain nutrition and health claims (NHC) register – GOV.UK (www.gov.uk). This is a complex area of law and the Clearance team may need to seek the advice of its nutritional consultant when considering the acceptability of claims.

A nutrition claim describes a property of a nutrient in a food that implies that it is beneficial. For example, ‘low fat’ and ‘high fibre’ are nutrition claims. Only nutrition claims that appear in the NHC register can be included in ads, and Radiocentre will need to have evidence that the threshold value set out in the register has been met. For example, in order to claim that a food is ‘high fibre’ it must contain at least 6g of fibre per 100g or at least 3g of fibre per 100kcal.

A health claim links a food or one of its ingredients to health. For example, ‘Vitamin C contributes to the normal function of the immune system’ and ‘Vitamin C contributes to the reduction of tiredness and fatigue’ are both authorised health claims. A health claim may refer to the role of a food or ingredient’s role in reducing the risk of disease. For example, ‘Plant stanol esters have been shown to lower/reduce blood cholesterol. High cholesterol is a risk factor in the development of coronary heart disease.’ Only claims appearing as authorised on the NHC register are permitted, and the wording must be materially the same as that appearing in the register.

Generalised claims relating to food such as ‘good for you’ and ‘healthy’ are also considered to be health claims. Where generalised claims are used they must be related to a named ingredient and the authorised claim for that ingredient.

It’s important to distinguish between authorised health claims and medicinal claims, where a product is claiming to treat or prevent illness. Medicinal claims can only be made where the product has a Marketing Authorisation from the Medicines and Healthcare Products Regulatory Agency (MHRA). A claim that ‘Vitamin C helps to prevent colds’ is a medicinal claim and couldn’t be approved. Health claims, on the other hand, refer to maintaining or supporting normal states of health; for example, ‘Vitamin C helps to maintain the immune system’ is an authorised health claim.

Advertisements for vitamins, minerals and other food supplements must not state or imply that a balanced and varied diet cannot provide good nutrition.

Advertisements for infant formula are prohibited. Advertisements must not confuse between infant formula and follow-on formula.

Promotional offers and the use of licensed characters and popular celebrities with children must be responsible and must not be promoted or used in food or soft drink advertisements that are targeted directly at pre-school or primary school children (exception: fresh fruit and vegetables).