Food >
Labelling >
Guide to Food Labelling and Advertising > Chapter 8
Chapter 8: Sections 8.1-8.7 | Sections 8.7-8.14 | Annexes
A product cannot be sold as a food if it is described on
the label as "medicated". Since this term is used to
describe products containing an added medicinal substance to treat or prevent a
disease, the product falls within the definition of a drug under the Food
and Drugs Act. It must be labelled and advertised as a drug as required by
the Food and Drug Regulations.
Products represented as laxatives fall within the definition of a drug. The
mention of "laxative" or "relief of
constipation" on a label or advertisement characterizes the
product as a drug.
On the other hand, the term "laxation" and the
action of "promoting laxation" are
not considered to be drug claims when used in connection with
certain foods. The term "laxation" is accepted as
referring to the normal softness and bulking of the stool resulting from such
factors as increased undigested residue or bacterial mass, trapping of gases or
water retention.
Claims for the promotion of "laxation" or
"regularity" are acceptable for foods when a
reasonable daily intake of the food contains a minimum of
7 g of dietary fibre from coarse wheat
bran. Such claims may be made for other foods
provided that the claim is substantiated by evidence from clinical studies that
a Reasonable Daily Intake of the foods has a laxation effect and no adverse
effects. If a Reasonable Daily Intake is made up of several
servings, the amount of the food required to produce the laxation
effect and the number of servings it comprises should be declared as part of
the claim. (See 6.8.1 of this Guide,
Dietary Fibre, and 7.24, Fibre Claims, for
further information on fibre sources and claims.)
The term "tonic" has been used in the past to
describe a class of foods believed to have the power to restore a normal degree
of vigour or to restore good health. Today, this term should not be used, as no
food can be described as an effective tonic. However, exceptions may be made
due to long term use, such as "tonic water".
As obesity is included in Schedule A of the Food and Drugs Act,
foods may not be advertised as a treatment, preventative or cure for it.
However, a distinction has been made between being obese and being overweight.
For the purposes of Schedule A, anyone with a body mass index (BMI) of 30 or higher is considered to be suffering
from obesity. The BMI is a
measurement tool that relates body weight to health. More information on
BMI is available on Health
Canada's website at: www.hc-sc.gc.ca
The only foods allowed to be advertised for use in weight-reduction plans
are described under Division 24, FDR:
a) specially formulated meal replacements,
b) prepackaged meals represented for weight reduction,
c) foods sold by weight-reduction clinics, and
d) foods represented for use in very low-energy diets.
See Foods for Special Dietary Use, 9.9 of
this Guide.
The labels of meal replacements which do not make up the
entire diet, as well as prepackaged meals for weight reduction, must include in
the directions for use a seven-day menu plan which, if followed, would result
in a daily energy intake of at least 1200 Calories (5040 kJ). Advertisements for these meals must state, as required
by regulation, that adherence to the directions for use may reduce energy
intake, which is a requirement for weight loss. Testimonials claiming rapid
weight loss, which is considered hazardous to health, and testimonials for
weight reduction by people who were obese, are unacceptable. (See 8.1 and 8.2, and Annex 8-1,
Schedule A Diseases.)
[Information Letter No. 793, Health Canada, 1991]
Foods may be represented for use in achieving and maintaining a healthy body
weight. However, they should meet the following five conditions.
-
The principal display panel of the label of the food and any
advertisements for the food should carry the statement, "As part
of healthy eating, this food may assist in achieving and maintaining a healthy
body weight because it is... (e.g.,
"lower in energy than...", "low in
fat", "portion controlled", etc.).
-
The label should display the Nutrition Facts table (see Chapter 5 of this Guide for the general
requirements for declaring the Nutrition Facts table).
-
Labels or advertisements may make reference to the Nutrition
Recommendations for Canadians and/or Canada's Guidelines for
Healthy Eating provided that when one or more statements are used, they
are positioned as components of the recommendations.
-
The label, packaging or advertisements should not give the
impression that the food is for use in a weight-reduction
diet. Requirements regarding foods represented for use in a weight-reduction
diet are set out in Division 24, FDA and summarized in 9.9 of this Guide.
-
Brand and trade names traditionally considered as claims for
weight reduction should be qualified with the statement "for
weight maintenance" next to the brand or trade name on the
principal display panel. (See 9.12 of this Guide)
[Policy - Educational Material versus Advertising Material, Food
Division, Consumer and Corporate Affairs Canada, March 1991.]
It can sometimes be difficult to distinguish between material which promotes
or advertises a product and material intended only to educate or inform.
However, it is important to do so in order to determine whether the Food
and Drugs Act and the Food and Drug Regulations apply.
"Advertisement", as defined in Section 2 of the
Food and Drugs Act " includes any representation by any means
whatever for the purpose of promoting directly or indirectly the sale or
disposal of any food". (For further definitions, see Chapter 1 of this Guide.) The recipient of the
representation is "anyone" as no exclusions are mentioned.
Printed and broadcast material will be assessed on a case-by-case basis as
to whether it promotes the sale of a food and is considered to be advertising,
or whether it is uniquely for educational purposes.
In general, information or material produced or sponsored by the food
industry may be considered "educational" rather than
"advertising" when it meets the following five criteria.
- The material should be obviously designed for the purpose of
informing consumers in a factual manner rather than
promoting the sale of a product. That is, the material is a
statement or presentation of fact without commercialization. It gives relevant
facts and points of view, not just those that favour the sponsor.
- While the sponsor may be identified, the content should be generic in
nature and should not mention product brand names, other than in the
sponsorship statement which should not be given undue prominence.
- If the material focuses on a class of foods (such as poultry), or a food
group (such as vegetables and fruit), the class/group of foods should be
presented in the context of the recommended pattern of eating, Canada's
Guidelines for Healthy Eating.
- Educational material as described above will usually cease to be considered
educational when linked to a product, (e.g.,
by being displayed with a specific product or shown in close proximity to it at
point-of-sale). However, depending upon the circumstances, it may be acceptable
for educational material to be displayed away from a food which is the generic
subject of the educational material (e.g., in
another area of a store or restaurant). (Note:
Advertising material may be displayed with or in close proximity to a
food at point-of-sale provided it is not misleading, does not refer to the
prevention of disease, and meets the requirements of the Food and Drugs Act
and Regulations.)
- When educational material is produced solely by an organization which does
not sell food (e.g., a health-related
organization, producer group, marketing board, etc.), the retailer, restaurateur, etc. who has placed or displayed the material in close
proximity to the food referenced in the material may be deemed responsible for
its use as advertising.
|
Example of an Educational Brochure
A carrot grower wants to publish a brochure to inform consumers about the
role of the diet in disease prevention. The brochure may focus on a food group
or class of foods (vegetables and fruits), but must be presented in the context
of Canada's Guidelines for Healthy Eating.
The grower may identify its corporate brand (Brand X) of carrots on the
cover of the brochure. However, the manufacturer may not
mention Brand X carrots, or its other products or brands, within the
brochure.
The brochure may not be displayed at point-of-sale in close proximity to
either Brand X carrots or to any other brand of carrots.
|
This policy applies to printed and broadcast materials produced, sponsored
or distributed by persons advertising or selling food, including manufacturers,
retailers, restaurateurs, producer organizations and advertisers, with or
without, the collaboration of health associations. If educational material is
produced solely by an organization which does not sell foods, the retailer,
restaurateur, etc., who has displayed the
material may be deemed responsible for its use as advertising.
[Policy on the Use of Third-Party Endorsements, Logos, and Seals of
Approval, Food Division, Consumer and Corporate Affairs Canada, March
1991.]
"Third-party endorsement" means the approval or
sanction of a food by any health professional or health organization, or any
individual or group. The use of a name, logo, symbol, seal of approval or other
proprietary mark of a third-party organization, whether on a food label or in
an advertisement, may lead consumers to believe that the food is endorsed by
this third party.
Third-party endorsements may be considered misleading or deceptive when a
food bearing an endorsement is perceived as being superior in terms of health,
safety and/or nutrition to foods not bearing the
endorsement.
Minimizing the potential for misrepresentation
Third-party endorsements should be used with caution. Consumers must not be
misled or confused about the merits of a food, and they should be able to judge
the merit of the endorsing organization. The following principles should be
followed:
- Does not give the impression that a single food or brand of food is
"healthier" than, or nutritionally superior to, other foods not
bearing the third party's name, statement, logo, symbol, seal of approval
or other proprietary mark. Health is imparted by the total diet rather than by
individual foods.
- Does not give the impression that the food is a treatment, preventative or
cure for disease. A third-party's name, statement, logo, etc. must not suggest that a food may prevent a Schedule A
disease. Such a suggestion is false and specifically prohibited by the Food
and Drugs Act.
- Clearly explains the reason for the appearance of the third party's
name, statement, logo, and so on. (For example, is this a joint education
program of Company X and Organization Y? Has Company X provided financial
support, or is it a sponsor of a campaign such as a Nutrition Week Campaign of
Organization Y?)
- Clearly shows the name of the third-party (with or without its logo,
symbol, or other proprietary mark), in conjunction with its nutrition
recommendations or dietary guidelines or those it endorses. The nutrition
recommendations of this third-party must be consistent with the recommended
pattern of eating presented in Canada's Guidelines for Healthy
Eating.
- Clearly indicates that the name, statement, logo, etc. of the third party does not constitute
an endorsement of the food.
- Provides a Nutrition Facts table on the food label, including where the
food would otherwise have been exempted under B.01.401(2)(a) and (b)
[B.01.401(3)(c)(iii)]. See 5.3 of this
Guide for a list of foods exempted by these provisions.
This policy applies to third-party endorsements by organizations providing
health and nutrition information for a single food or
single brand of food. It applies whether the endorsement
appears on food labels or in food advertisements, and whether the food is
displayed in retail outlets, restaurants or food service establishments.
The policy does not apply to third-party endorsements by
organizations providing health and nutrition information for groups or
classes of foods. It also does not apply to the
gluten-free symbol of the Canadian Celiac Association or the Food Choice Values
and Symbols of the Canadian Diabetes Association. These symbols are recognized
by consumers with celiac disease and diabetes respectively, and are unlikely to
be perceived by the general public as an endorsement by a health organization.
Additional exceptions may be considered on a case-by-case basis.
Note: The Canadian Diabetes Association has advised that
their Food Choice Values and Symbols system will be phased out and it is
expected that these symbols will no longer appear on food labels in Canada once
the transition period for the new nutrition labelling requirements is
completed.
The use of heart symbols and heart healthy claims to describe a food or food
choice (whether on labels, menus or in advertising) are generally not
acceptable. They may give an erroneous impression that consuming a single food
or menu selection will provide heart health or prevent heart disease (a
"Schedule A" disease).
Health authorities do agree that a single pattern of
healthy eating should be recommended to the public. However, although a healthy
diet may help reduce the risk of cardiovascular disease, it is only one factor
in the multiple etiology of the disease.
Heart symbols may be acceptable on a food label or advertisement when they
appear in the logo or name of a health organization, or are used in conjunction
with that organization's health information program, provided that
- no impression is given that the food may help prevent heart disease,
and
- the appearance of the health organization's name or logo itself
satisfies the conditions on the use of Third-Party Endorsements, Logos and
Seals of Approval (see 8.11 of this Guide).
Terms employing the word "heart" may be acceptable as part of the
name of an information program of a health organization provided the program is
identified as such (e.g., "The Heart
Smart program is a public education program of the Heart and Stroke Foundation
of Canada.").
Heart symbols may be acceptable when used in a traditionally recognized
manner to indicate affection or endearment. For example, there is no objection
to heart-shaped cinnamon candies, or heart-shaped boxes of chocolates, or heart
illustrations on food products sold for Valentine's Day.
Nutrition information programs incorporating heart health in restaurants may
not identify menu items with hearts. Menu items can be identified using a check
mark ( ) to draw attention to good or healthy choices if the information
provided satisfies the requirements outlined in this section and the reason for
the program is made clear. For example, the menu might state: "The Heart
Smart program is a public education program of the Heart and Stroke Foundation
of Canada".
Objection will not be taken to the use of heart symbols in conjunction with
the new diet-related health claim "A healthy diet low in saturated and
trans fats may help reduce the risk of heart disease. (Naming the
food) is low in saturated and trans fats."
See Annex 8-2 of this Guidefor the
Policy Respecting the Use of Heart Symbols and Heart Health Claims on Food
Labels and in Food Advertisements.
See Annex 8-3 of this Guide:
Canada's Food Guide to Healthy Eating.
Information detailing the policies around Canada's Food Guide to
Healthy Eating, the Nutrition Recommendations for Canadians and
Canada's Guidelines to Healthy Eating can be found on the
following Health Canada web site
http://www.hc-sc.gc.ca/hpfb-dgpsa/onpp-bppn/food_guide_e.html
In order to refer to or quote Canada's Food Guide to Healthy
Eating, the Nutrition Recommendations for Canadians, and
Canada's Guidelines to Healthy Eating, the official title should
be used and complete quotations should be used.
8.13.1 Reproduction of Canada's Food Guide
to Healthy Eating
To encourage the reproduction of Canada's Food Guide to Healthy
Eating, the following note was added to the notice of copyright: "No
changes permitted. Reprint permission not required." This means that
Canada's Food Guide to Healthy Eating may be reproduced in its
entirety (both sides) without permission.
For any deviation, prior permission in writing is required from
|
Marketing and Creative Services Division
Communications, Marketing and Consultation Directorate
Health Canada
11th floor, (1911D)
Jeanne Mance Building
Tunney's Pasture
Ottawa, Ontario K1A 0K9
Tel. (613) 957-2970
Fax (613) 957-1395
|
See Annex 8-4 of this Guide for a list
of applicable references.
Chapter 8: Sections 8.1-8.7 | Sections 8.7-8.14 | Annexes
|
