Gut Health

The position of gut health claims in relation to foods and food supplements is complex, and advertisers are encouraged to submit scripts for approval to Radiocentre well in advance of a planned broadcast date. Radiocentre may need to refer scripts to its medical or nutritional advisers.

Claims that ‘state or imply that a food prevents, treats or cures human disease’ are medical claims and are prohibited by the BCAP Code, unless the product holds a Marketing Authorisation from the MHRA. For example, ‘Contains probiotics that reduces the symptoms of diarrhoea’. The prohibition would include implied claims; for example, ‘Contains probiotics for when you feel a little off kilter’.

The term ‘gut health’ or any other terms having the same meaning are general health claims. Claims to maintain gut health may be acceptable providing that they are listed as authorised on the GB Nutrition and Health Claims (NHC) Register and make reference to the specific nutrient for which the claim has been authorised. There are very few authorised health claims relating to gut health on the Register, and those that are authorised aren’t necessarily ‘consumer-friendly’ (e.g. ‘rye fibre supports normal bowel function).

The same principle applies to claims to reduce the risk of disease; only NHC Register authorised claims are permitted and ads must refer to the ingredient which the claim has been authorised for, as well as the disease to which the authorised claim relates. An example of a disease reduction claim would be ‘Contains prebiotics that help protect against the bad bacteria that can cause diarrhoea’. However, Radiocentre is not aware of any disease reduction claims relating to gut health that have been authorised.

Any other claim which doesn’t refer to a nutritional benefit or a relationship with health will be considered under the BCAP rules on misleadingness. For example, the claim that a food is ‘packed with bacteria’ or ‘contains billions of live cultures’ may be acceptable if reliable scientific evidence is provided. Note, however, that adding ‘helping you to feel your best’ or similar to this statement would transform the wording into a health claim.