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Decisions: Nutrient Content Claims

Acceptability of claims not prescribed in regulations

Question:   What nutrient claims can be made other than those that are prescribed by the regulations?

Answer:   As stated in B.01.502, no claim that characterizes the energy value or the amount of a nutrient contained in a food can be made except as provided for by the regulations. The regulations allow for specific nutrient content claims for energy and nutrients, such as "source of protein", "low in fat", and "more fibre" (B.01.513 and table to B.01.513); five diet-related health claims (B.01.603 and the table to B.01.603), biological role claims (the effect of a nutrient or energy, B.01.311), quantitative statements (B.01.301), and vitamin and mineral claims for source levels at 5% RDI or more (D.01.004 and D.02.002). Vitamin and mineral, including potassium, claims follow the guidelines in the Guide to Food Labelling and Advertising and the amended 2003 Guide to Food Labelling and Advertising.

The table following B.01.513 and following B.01.603 provide specific wording for the claims. The wording cannot be changed and no words may be placed within the wording of the claims, (B.01.511).

Claims can be joined by means of a conjunction or punctuation, for different subjects in the table following B.01.513, when the criteria for the claims are met (B.01.512). For example, a permitted energy claim could be conjoined with a vitamin or mineral claim. For example, a permitted claim would be: "source of energy and contains 5 essential nutrients", when the 5 essential nutrients are vitamins and minerals with RDIs. (December 2004)

Question: What words, symbols, signs, numbers, etc can be placed before or after a nutrient content claim?

Answer:  Under the following conditions, words, symbols, numbers or signs may be placed before or after a nutrient content claim:

• the nature or meaning or intent of the claim is not changed
• the additional information is not false, misleading, or likely to create an erroneous impression

B.01.511 of the Food and Drug Regulations states that the words "very", "ultra", and "extra" and all other words, numbers, signs, or symbols that modify the nature of a statement or claims shall not precede or follow the statement or claim.

Other examples of words that may change the nature of the claim are: "lots", "more", "some", "at least", "approximately", "extreme", "hardly", "maximum", "plus" and "instant".

Section 7.6 of the 2003 Guide to Food Labelling and Advertising provides additional guidance and examples of unacceptable and acceptable claim wording. (December 2004)

(Naming the Food) Health Claims

Question:  What is considered to be appropriate for use in the description of the food in the "Naming the Food" part of certain diet related health claims prescribed in the table following B.01.603 in the Food and Drug Regulations (FDR)?

Answer:  "Naming the food" requires, at a minimum, the common name of the food. If the nutrient content claim portion of the health claim does not apply to all foods of that type, then a brand name may accompany the common name. If other information is required to distinguish the food from another similar food with the same common name and brand name, other information may be permitted as part of the description of the food.

For example "A healthy diet low in saturated and trans fat may reduce the risk of heart disease. Johnny's 100% fat-free turkey breast is free of saturated and trans fat" to distinguish the food from Johnny's regular turkey breast with 4% fat.

If the nutrient content claim portion describes all foods of that type, then "Naming the food" must be stated in such a way as to indicate that the claim characterizes all foods of that type. A brand name may not be used to name the food. This is consistent with the requirements set out in section B.01.511, FDR.

For example, "A healthy diet low in saturated and trans fat may reduce the risk of heart disease. Applesauce is free of saturated and trans fats."

It is not appropriate to use a brand name or trade name only to name the food. For example, the use of a brand name only in the following claim would not be acceptable as the brand name does not name the food. "A healthy diet low in saturated and trans fat may reduce the risk of heart disease. Johnny's is free of saturated and trans fat." (February 2005)

Low Gluten Claim

Question: Is the claim “low gluten” acceptable for foods with less than 200 p.p.m. of gluten?

Answer:  This claim is not acceptable on foods sold in Canada because it is considered to be misleading. People with celiac disease may be led to believe that a food with less than 200 p.p.m. gluten is safe to consume, while medical advice recommends a gluten-free diet.

Additionally, under the new mandatory nutrition labelling regulations, this claim violates section B.01.502 which prohibits any explicit or indirect claim about a nutrient unless permitted by the Food and Drug Regulations. (September 2004)