Canadian Food Inspection Agency
Guide to Food Labelling and Advertising

Section VII : Health-Related Claims
Sections 7.1 to 7.9

Sections 7.1 to 7.9 | Sections 7.10 to 7.17.2 | Annexe 1 | Annexe 2 | Annexe 3 Annex 4 | Annexe 5 | Annexe 6 | Appendices I - V

7.1 Health, Healthful, Wholesome, Nutritious

No single food, with the exception of specially-formulated foods such as infant formula and formulated liquid diets, will maintain health for a prolonged period. Therefore, descriptions such as "health food", "healthful" and "healthy" should be avoided where they might infer that health will be obtained and/or maintained through consumption of individual products. Some foods may be nutritionally superior to others, but none on its own will give, restore or ensure health. A food may be described as "nutritious", "wholesome" or "good for you" to refer to the nutritional value in a general way. Consumers usually infer from such a claim that the product is a good source of some nutrients. These claims can be misleading unless it can be shown that the food in question is a good source of at least one nutrient. These terms, however, do not trigger a nutrient declaration, the nutrition labelling core list or a linking statements to dietary guidelines. Additional nutrient content claims made in conjunction with the above claims would trigger nutrient declaration.

7.1.1 Balanced

No single food can be thought of as "balanced" or of being able to balance a meal or a diet. Nutritional "balancing" probably can occur only over a reasonable period of time. Nutritious foods may help contribute to a balanced diet, but the use of the term in this way should be made with caution.

7.2 Healthy Eating and Dietary Guidance (Amended 31/01/97)

Diet plays an important role in maintaining health and reducing the risk of nutrition-related diseases. The General Principles for Labelling and Advertising Claims that Relate to the Nutrition Recommendations and Canada's Food Guide to Healthy Eating relate to the use of nutrition recommendations/dietary guidelines in food labelling and advertising, and to any claim which states, suggests or implies that a food has one or more characteristics which make it a suitable part of a pattern of healthy eating.

Health sectors, such as the Heart and Stroke Foundation of Canada, generally agree that there is one healthy eating pattern for all rather than several different diets. The Nutrition Recommendations for Canadians (NRC) provides guidance in the selection of a dietary pattern that will supply recommended amounts of all essential nutrients while reducing the risk of chronic diseases. Canada's Guidelines for Healthy Eating (CGHE) are the principal messages to be communicated to healthy Canadians. Canada's Food Guide to Healthy Eating (CFGHE) takes CGHE one step further giving consumers more detailed information on establishing healthy eating habits through the daily selection of food.

Food labels and advertising can play an important role in support of a broader nutrition education initiative. Provision of nutrition information at the point of choice in grocery stores and restaurants has the potential to improve food choices and promote health in large segments of the population. The challenge requires intersectoral co-operation and a co-ordination of effort.

Policies, programs and promotions to the consumer should support these dietary guidelines. The following policy documents, included in the annexes to this Section, will be of assistance. A summary of the main points is provided in Sections 7.2.1. to 7.4, which follow:

• Guidelines for Health Information Programs Involving the Sale of Foods (Food Directorate, Health Canada, March 1995) (see Annex 6)
• General Principles for Labelling and Advertising Claims that Relate to the Nutrition Recommendations and Canada's Food Guide to Healthy Eating (GP) - (Food Directorate, Health Canada, revised December 1993) (see Annex 6) and Guidelines on the Application of the General Principles. (Food Division, Agriculture and Agri-Food Canada, April 1993 (see Section 7.2.2 and Annex 3)
• Policy - Advertising Claims Relating to Nutrition Recommendations made by Organizations which do not Control Food Packaging or Labelling (OWLs) (Food Division, Agriculture and Agri-Food Canada, December 1995) (see Section 7.2.3 and Annex 4)
• Policy - Educational Material versus Advertising Material (Food Division, Agriculture and Agri-Food Canada, March 1991) (see Section 7.2.4 and Annex 6, Appendix I)
• Policy on the Use of Third-Party Endorsements, Logos, and Seals of Approval (Food Division, Agriculture and Agri-Food Canada, March 1991) (see Section 7.3 and Annex 6, Appendix II)
• Policy Respecting the Use of Heart Symbols and Heart Health Claims on Food Labels and in Food Advertisements (Food Division, Agriculture and Agri-Food Canada, October 1992) (see Section 7.3.1 and Annex 5)
• IL 793 - Guidelines for Foods Represented for Use in Achieving and Maintaining Healthy Body Weights (Food Directorate, Health Canada, April 1991) (see Annex 3)

7.2.1 Guidelines for Health Information Programs Involving the Sale of Foods (see also Annex 6)

1. The Guidelines provide guidance for health information programs involving the sale of food in retail food outlets and restaurants, regarding compliance with the Food and Drugs Act and Regulations.
2. Accordingly, point-of-purchase information about food products is considered either labelling or advertising. The person selling the food is responsible for the propriety of the information provided about the food they are selling and, in particular, for ensuring that it is in compliance with the Food and Drugs Act and Regulations.
3. The legal status of various in-store vehicles for presenting the information will vary according to the nature of the information required. Posters and shelf-markers are generally considered advertisements, but if placed next to the food and the food is not packaged (i.e., does not already have a label), these may be considered as labels. Menus, shopping bags, brochures and other material may be classed as advertisements.
4. Where a claim is made on the label, the required declaration is to appear on the label. If the claim appears in an advertisement, the declaration must appear in the advertisement if it is not on the label. A nutrient declaration would, therefore, be required on a shelf-label, poster, table-top tent or menu, to support claims if there is no food label.
5. The seller is responsible for the accuracy of food labels and advertisements. The values declared should be accurate for the food as sold.
6. In the case of prepackaged food, the manufacturer is responsible for the accuracy of the information presented on the label, but the seller is responsible for any in-store advertising or shelf-labelling material developed for that food.
7. Section 3 of the Food and Drugs Act prohibits advertisement where a specific product is linked to a disease set out in Schedule A. However, certain general fact situations that do not appear to offend Section 3 are presented (see Disease Prevention and Drug-like Claims, Section 7.11).

7.2.2 "General Principles for Labelling and Advertising Claims that Relate to the Nutrition Recommendations and Canada's Food Guide to Healthy Eating" and "Guidelines on the Application of the General Principles" (see Annex 3 and Annex 6)

1. The General Principles apply to the use of the NRC, CGHE and CFGHE that provide guidance for the recommended pattern of eating (hereinafter, the three guidance documents are referred to as "the recommended pattern of eating").
2. The Guidelines on the Application of the General Principles provide guidance to label/ad reviewers on the application of the "General Principles" relating to the use of "the recommended pattern of eating" on labels or in advertisements, including claims linking foods to healthy eating.
3. The goals are to encourage a consistent message about healthy eating to avoid misleading consumers and enable them to make informed choices for healthy eating.
4. Dietary guidance and healthy-eating claims should conform to the messages describing the recommended pattern of eating. References to the recommended pattern of eating should be accompanied by the nutrition labelling core list. In the case of an advertisement, the information should be provided in the advertisement if it is not provided on the label.
5. Flexibility in wording of recommendations is acceptable but should be faithful to the recommended pattern of eating.
6. References to a part of the recommended pattern of eating may be used but should be prefaced by an indication to the effect that this is one component of healthy eating.
7. The nutrients which may be mentioned are those in the NRC and its key findings, and those in the report of the Scientific Committee if they are compatible with the NRC.
8. References to nutrients which are not quantified, i.e., sodium, cholesterol, dietary fibre, should not give the impression that official quantitative recommended intakes exist. Linking "low"/"reduced" levels or reducing/limiting intake to healthy eating is acceptable.
9. Reference to include/increase dietary fibre from a variety of sources is acceptable for foods which contain greater than or equal to 2 grams of dietary fibre/serving.

7.2.2.1 References to Other Dietary Guidelines

1. The use of a variety of dietary guidelines is confusing and potentially misleading to the consumer. Only messages describing the pattern of eating, contained in Nutrition Recommendations... A Call for Action* should be used.
2. Statements claiming that health professionals/organizations recommend a specific dietary practice and statements indicating that a recommended dietary practice is widely accepted are considered as references to the NRC and should be substantiated. All major health-related associations have accepted the nutrition recommendations as their own.

(* Nutrition Recommendations...A Call for Action, Health Canada, 1989, is available on request from Publications, Health Canada, Postal Locator 0913A, Ottawa, Ontario, K1A 0K9.)

7.2.2.2 "Healthy Eating", "Healthy Choice"

1. A food should not be described as "healthy" or be represented in a manner that implies that the food in and of itself is healthy.
2. Claims referring to "healthy choice" or "part of healthy diet/eating" or synonymous terms can be acceptable if accompanied by a statement relating the food to the recommended pattern of eating (linking statement) and by the nutrition labelling core list (energy value as Calories and kilojoules, protein, fat and carbohydrate in grams). In the case of an advertisement, the information should be provided in the advertisement if it is not provided on the label.
3. Any word or word set containing the word "health", "healthy" or "healthful" and referring to diet, eating, lifestyles and individual food choices are considered synonymous terms to "healthy".
4. The linking statement can consist of a nutritional characteristic of the food relating to one or some of the recommendations, or portions thereof, if they are positioned as one component of the recommendations, guidelines, or guide. For example, "XX brand yogurt is part of a healthy diet because it is low in fat; one of the Nutrition Recommendations for Canadians states that the Canadian diet should include no more than 30% of energy as fat" and "Consuming a variety of fibre- containing foods is part of a healthy diet, product YY is a high in fibre".
5. Advertising claims linking food groups with the recommendations/healthy eating are exempt from nutrition labelling provided the entire food group of Canada's Food Guide to Healthy Eating is identified (see the OWLs policy below).

7.2.2.3 References to Canada's Food Guide to Healthy Eating (see Annex 2)

1. References to "Canada's Food Guide to Healthy Eating" should use the official title.
2. When a food is associated with Canada's Food Guide to Healthy Eating on the label or in an advertisement, the label should carry a statement relating the food to:
   1. one or more directional statements in Canada's Food Guide to Healthy Eating, and/or
   2. the recommended number of servings listed in Canada's Food Guide to Healthy Eating.
3. In the case of an advertisement, the information should be in the advertisement if it is not provided on the label.
4. No comparison should be made between foods from different food groups or between a food from a food group and a food from the "Other Foods" category. When foods in the "Other Foods" category are associated with Canada's Food Guide to Healthy Eating, the statement should include the concept of moderation.
5. References to Canada's Food Guide to Healthy Eating should be accompanied by the nutrition labelling core list and, in the case of an advertisement, the information should be provided in the advertisement if it is not provided on the label.

7.2.3 Advertising Claims Relating to Nutrition Recommendations made by Organizations which do not Control Food Packaging or Labelling (OWLs) (see Annex 4)

This policy deals with advertising claims about "healthy eating" made by advertisers who are not responsible for food labelling and packaging, such as food marketing organizations or any other promotional/informational organization including health organizations.

In the case of claims about groups of foods, the claims should satisfy all the requirements of the General Principles. However, the nutrition labelling core list (energy in Calories and kilojoules, protein, fat, and carbohydrate in grams) and the linking statement relating the food to the recommended pattern of eating are not required provided that:

1. the product is identified generically as the entire food group; and
2. it does not refer directly or indirectly to a specific food, such as in illustrations of single foods.

For claims relating to specific foods, the claims should satisfy all the requirements of the Food and Drug Regulations and the General Principles. However, the nutrition labelling core list and the linking statement relating the food to the recommended pattern of eating may appear in a place other than in the advertisement where the claim appears. For example:

1. in the case of broadcast advertisements, the nutrition labelling substantiation may appear in the advertisement, or via a 1-800 telephone number, or in printed material available in a substantial number of retail establishments at no cost at the point-of-purchase. If the information is not provided on the label, it should be in the advertisement;
2. in the case of print advertisements, the nutrition labelling substantiation must appear in the advertisement;
3. for retail advertisements, the nutrition labelling substantiation may appear either in a printed advertisement, beside the food (shelf-talker, poster, video, brochure), or elsewhere in the store, providing consumers are notified of its availability in close proximity to the claim.
4. with restaurant advertisements, the nutrition labelling substantiation may appear either in a printed advertisement (menu, poster), tabletop printed material, or elsewhere in a restaurant, providing consumers are notified of its availability in close proximity to the claim.
5. current requirements for nutrition claims under the Food and Drug Regulations continue to apply. There is no flexibility on the location of the nutrient content information triggered by specific nutrition claims on a label, e.g., if the claim is made on the label, the information must be provided on the label.

7.2.4 Advertisement versus Educational Material (see Annex 6, Appendix I)

1. This policy applies to printed and broadcast materials produced, sponsored or distributed by persons advertising or selling food, with or without the collaboration of health associations.
2. It clarifies what is considered "educational material" as distinguished from "advertising" for the purpose of enforcing the Food and Drugs Act and Regulations, especially subsection 3(1) of the Act.
3. "Advertisement includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any food, drug, cosmetic or device" (section 2 of Food and Drugs Act).
4. In general, printed and broadcast material will be assessed on a case-by-case basis. To qualify as educational material:
   • the content is considered educational in nature when it is designed to inform consumers, that is, the material is a statement of fact without commercialization, giving relevant facts and points of view, not just those that favour the sponsor;
   • the sponsor may be identified, but no brand names should appear other than in the sponsorship statement which should not be given undue prominence;
   • if the material focuses on a class of foods, it should be presented in the context of the nutrition recommendations and should meet the requirements of the General Principles;
   • the material should be displayed away from the foods (e.g. in the front of the store). Educational material is considered to be advertising if it is displayed at point-of-sale next to the foods mentioned therein.
5. 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.

7.3 Third-Party Endorsements, Logos and Seals of Approval (see Annex 6, Appendix II) (Amended 31/01/97)

The following summarizes the policy on the use of third-party endorsements, logos and seals of approval in labelling and advertising:

1. Endorsement by private organizations could contravene subsections 3(1) and/or 5(1) of the Food and Drugs Act. Endorsements which state, suggest or imply that a single food or brand of food is "nutritionally superior" to or "healthier" than other foods are considered misleading, since health is imparted by the total diet rather than by individual foods. An endorsement which suggests that a food may prevent a Schedule A disease is false and is specifically prohibited.
2. The policy does not apply to the gluten-free symbol of the Canadian Celiac Association or the food choice values of the Canadian Diabetes Association. (see Section 7.15.7)
3. General Principles
   • The use of the name, logo, symbol, seal of approval or other propriety mark of a third-party organization on a food label or in an advertisement, may be perceived by consumers as an endorsement of the food.
   • Third-party endorsements may be considered misleading because a food bearing an endorsement can be perceived as being superior in terms of health, safety and/or nutrition.
4. Conditions for Use of Name, Statement, Logo, Symbol or Seal of Approval of a Third Party

   No impression should be given that the food is superior in terms of health, safety and/or nutrition, or that the food is a treatment, preventative or a cure for disease.

   One of the following should appear on the label:

   1. the reason for the use of the logo should be made clear, e.g., financial support;
   2. it be stated that the name, logo, etc., does not constitute an endorsement of the food; or
   3. the name of the organization should appear in conjunction with the nutrition recommendation(s)/dietary guidelines of the third-party organization.

7.3.1 Use of Heart Symbols and Heart Health Claims (See also Section 7.11 and Annex 5)

The following summarizes the policy on the use of heart symbols and heart health claims on food labels and in food advertisements:

1. The use of heart symbols on a food or in a menu next to a food selection may give the erroneous impression that consumption of the food, in and of itself, will provide heart health.
2. A heart symbol or name may be acceptable in a logo or wordmark, or in conjunction with an organization's name, if no impression is given that a particular food may help prevent heart disease, and its appearance satisfies the conditions of the policy for third-party endorsements, logos and seals of approval.
3. Objection is taken to claims for foods or on menus such as "heart smart choices" or "heart smart eating/eating out the heart smart way". These suggest that a food may prevent a Schedule A disease, a claim which is specifically prohibited in subsections 3(1) and/or 5(1) of the Food and Drugs Act when, in fact, a healthy diet may help reduce the risk of disease and is only one factor in the multiple etiology of the disease.
4. Nutrition information programs incorporating heart health in restaurants may identify menu items using a check mark as good or healthy choices if the information provided satisfies the requirements of the General Principles, and the reason for the program is made clear, e.g., "The Heart Smart program is a public education program of the Heart and Stroke Foundation of Canada".

7.4 Foods Represented for Use in Weight Maintenance

(See Information Letter No. 793, Health Protection Branch, Health Canada).

The following guidelines apply to foods represented for use in achieving and maintaining healthy body weights.

A food may be represented for use in achieving and maintaining a healthy body weight provided that the following conditions are met:

1. The principal display panel of the label of the food and any advertisements for the food carries 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".
2. The label carries the nutrition labelling core list, energy value and content of protein, fat and carbohydrate.
3. References may be made on labels or in advertisements 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 and comply with the Recommendations or Guidelines.
4. The label, packaging or advertisements do not give the impression that the food is for use in a weight reduction diet.
5. Brand, and trade names traditionally considered as claims for weight reduction are qualified with the statement "for weight maintenance" next to the brand or trade name on the principal display panel.

7.5 Biological Role Claims for Nutrients (includes physiological effect claims for fibre)

7.5.1 Biological Role of Nutrients

Under the Food and Drugs Act and Regulations (B.01.311, D.01.006, D.02.004), claims are permitted for the action or effects of the following nutrients:

protein

fat

carbohydrate

sugars (all monosaccharides and disaccharides)

sorbitol

mannitol

xylitol

starch

dietary fibre

amino acids

linoleic acid

cis-methylene interrupted polyunsaturated fatty acids

cis-monounsaturated fatty acids

saturated fatty acids

vitamins and mineral nutrients listed in Tables 1 and 2 of Part D of the Regulations,

under the following conditions:

1. The claim may not refer directly or indirectly to the treatment, mitigation or prevention of any disease, disorder or abnormal physical state, or symptoms of same, nor may it refer directly or indirectly to correcting, restoring or modifying organic functions (see Section 7.11.3 for the definition of a drug).
2. The claim may not refer directly or indirectly to the treatment, prevention or cure of diseases listed in Schedule A of the Food and Drugs Act, subsection 3(1).
3. A claim may be made to the effect that the substance for which the claim is made is generally recognized as an aid in maintaining the functions of the body necessary for the maintenance of good health and normal growth and development. The generally-recognized functions of nutrients may be found in the NRC.

   Examples of acceptable claims include:
   - "Calcium aids in the growth and maintenance of bones and teeth.";
   - "Protein is needed for the maintenance and repair of body tissues.".

   Examples of unacceptable claims include:
   - "Calcium fights bone diseases such as osteoporosis.";
   - "Protein builds muscles and makes you stronger.".

4. The claim triggers a declaration of the nutrient content in a food serving of stated size.
5. A minimum level of the nutrient is to be present in the food. In the case of protein, a reasonable daily intake must have a protein rating of at least 20; in the case of vitamins and mineral nutrients, a serving of stated size must contain at least 5 percent of a "recommended daily intake" of the nutrient.
6. The claims for the action or biological role of nutrients should not imply that consumption of the food, by itself, will have the effect attributed to the nutrient.

   An example of an acceptable claim is:
   - "Milk is an excellent source of calcium which helps build strong bones and teeth."

   An example of an unacceptable claim is:
   - "Milk helps build strong bones and teeth."

7. The following general claims for biological role, which are generally-recognized functions of all nutrients (B.01.311, D.01.006, D.02.004), are permissible:

   - "(name of the nutrient) is a factor in the maintenance of good health", or
   - "(name of the nutrient) is a factor in normal growth and development".

7.5.2 Specific Claims

The following table summarizes the acceptable biological role claims for nutrients:

ACCEPTABLE BIOLOGICAL ROLE CLAIMS FOR NUTRIENTS

7.5.3 Claims for Physiological Effects of Fibre

Claims for the promotion of "laxation" or "regularity" are acceptable for foods which contain a minimum of 7 g of dietary fibre from coarse wheat bran in a reasonable daily intake. 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.

Claims that a food is a "laxative" or that a food will prevent or treat "constipation" or claims to the effect that a food or fibre will reduce blood lipids or cholesterol, affect blood glucose levels or aid in weight reduction or appetite control, are considered to fall within the definition of a drug and are not acceptable.

7.6 Testimonials and Guarantees Regarding Vitamins and Mineral Nutrients

In an advertisement or on a label of a food that is represented as containing a vitamin or mineral nutrient, it is prohibited to give any assurance or guarantee of any kind with respect to the result that may be, has been or will be obtained by the addition of the vitamin or mineral nutrient to a person's diet. It is also prohibited to refer to, reproduce or quote any testimonial (D.01.012, D.02.008, FDR).

Guarantees should not be used in conjunction with nutritional or therapeutic claims. The Food and Drugs Act and Regulations do not permit manufacturers or advertisers to guarantee satisfaction nor to give assurances regarding results to be obtained from the addition of vitamins or other nutritional elements to the diet. Thus, a claim such as "Drink Sunlite orange juice every day to be sure that you will never lack vitamin C" would not be allowed in a food advertisement (D.01.012 and D.02.008, FDR and subsection 52.(1)of the Competition Act).

7.7 Tonic Foods

The term "tonic" food has been used 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 does not apply. No food can be described as an effective tonic. There are exceptions, however, such as "tonic water".

7.8 Digestibility

Digestibility in its popular sense refers to the ease or comfort with which a food is assimilated and to the absence of distressing effects after consumption. References in technical literature to a coefficient of digestibility with respect to specific nutrients, such as protein, have quite a different meaning and cannot be used to connote the digestibility of food.

7.9 Essential Foods

Individual foods should not be described as "essential" to the diet. Health Canada and professional associations periodically issue nutrition recommendations for Canadians, designed for use in education programs to assist the public in selecting an appropriate diet. Such recommendations should not be used to justify the use of this term.

Sections 7.1 to 7.9 | Sections 7.10 to 7.17.2 | Annexe 1 | Annexe 2 | Annexe 3 Annex 4 | Annexe 5 | Annexe 6 | Appendices I - V