Canadian Food Inspection Agency
Guide to Food Labelling and Advertising

Section VII : Health-Related Claims
Annex 3

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

Guidelines on the Application of the General Principles for Labelling and Advertising Claims that Relate to the Nutrition Recommendations

Purpose

The following guidelines are intended to provide guidance to government officials on the application of the General Principles for Labelling and Advertising Claims That Relate to the Nutrition Recommendations*. The policy goals of the General Principles are:

• to encourage the food industry to participate in delivering messages describing the pattern of healthy eating contained in the Nutrition Recommendations... A Call for Action**;
• to encourage the delivery of a consistent message;
• to avoid misleading and confusing information being conveyed to consumers; and
• to enable consumers to make informed choices of foods for healthy eating.

* Food Directorate Guideline No. 5, Health Protection Branch, Health and Welfare Canada, March 1, 1991 - does not include claims relating to Canada's Food Guide to Healthy Eating.

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

Scope

The General Principles and these guidelines relate to:

• the use of nutrition recommendations/dietary guidelines in food labelling and in food advertising; and
• 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.

Note: These General Principles do not supersede any provisions in the Food and Drugs Act and Regulations.

A. General Criteria for Claims Assessment

The following criteria should be applied when reviewing all messages or claims as outlined in part B.

1. Acceptable Messages

(a) Recommended Pattern of Eating

Only messages describing the recommended pattern of eating contained in Nutrition Recommendations... A Call for Action should be used. These include:

Canada's Guidelines for Healthy Eating (CGHE) (Section VII, Annex 2, of this Guide); (Note: These are the key messages and where possible, their use is preferred.)

Nutrition Recommendations for Canadians (NRC) (Section VII, Annex 6, Appendix IV, of this Guide);

statements in the key findings (Section VII, Annex 6, Appendix IV, of this Guide) which do not refer to disease or modification of body functions (i.e., statements which do not offend subsection 3(1) of the Food and Drugs Act, or do not bring the food within the definition of a drug).

(b) Nutrients Which May Be Mentioned

1. As part of the recommended pattern of eating, it is acceptable to mention energy and nutrients identified in the NRC or CGHE, including essential nutrients (protein, linoleic acid, vitamins and mineral nutrients [those for which claims are permitted under the Food and Drug Regulations]), fat, saturated fatty acids, carbohydrate and sodium and other nutrients mentioned only in the key findings, including dietary fibre, complex carbohydrate, b-carotene and cholesterol.

   Examples of acceptable messages:

   "One of the Nutrition Recommendations for Canadians states that the Canadian diet should include no more than 30% of energy as fat."

   "Consuming less cholesterol is one element of healthy eating."

   "This high-fibre cereal contains dietary fibre from oat bran and wheat bran; consuming a variety of fibre containing foods is part of a healthy diet."

2. Statements regarding nutrients not mentioned by name in the key findings, but appearing in the body of the Report of the Scientific Review Committee Nutrition Recommendations* (SRC Report) may be made, provided they are compatible with the Nutrition Recommendations... A Call for Action (e.g., essential nutrients: protein, vitamin and mineral nutrients and linoleic acid).
   * Nutrition Recommendations, The Report of the Scientific Review Committee, Canadian Government Publishing Centre, Public Works and Government Services Canada, Ottawa, 1990.

   Statements suggesting that the content of polyunsaturated or monounsaturated fatty acids should be increased in the diet or that sugar should be reduced in the diet are not acceptable since these statements are not consistent with evidence presented in the SRC Report and the nutrients are not the subject of a recommendation.

   Certain individual fatty acids and groups of fatty acids mentioned in the SRC Report cannot be mentioned due to a general prohibition under section B.01.311 of the Food and Drug Regulations. These include linolenic acid, unsaturated fatty acids, omega-3 and omega-6 fatty acids, and trans fatty acids.

   Examples of acceptable messages (from SRC Report):

   "Calcium is an essential nutrient. One of the Nutrition Recommendations states that the Canadian diet should include essential nutrients in recommended amounts."

   "Golden Brand sunflower oil is a source of linoleic acid; consuming the recommended amount of linoleic acid, an essential nutrient, is part of healthy eating."

   Example of an unacceptable message:

   "X brand corn oil margarine contributes to healthy eating because it is high in polyunsaturated fatty acids."

(c) Quantification of the Recommendations

The NRC and the key findings include quantitative recommendations regarding total carbohydrate, fat and saturated fat and the SRC Report provides recommended nutrient intakes for vitamins and mineral nutrients. However, there are no recommended amounts established for cholesterol, sodium, complex carbohydrate or dietary fibre intake and as such, no impression should be given that there are established quantitative recommendations for these nutrients.

Example of an unacceptable quantitative message:

"Experts recommend that Canadians consume 20-30 grams of dietary fibre per day."

Examples of acceptable messages:

Quantitative:
"One part of a healthy diet is to include not more than 10% of energy from saturated fat."

Non-Quantitative:
"Experts recommend choosing a variety of fibre-containing foods."

2. Presentation of Messages

1. Flexibility in the wording of messages is acceptable provided the messages remain faithful to the recommended pattern of eating (including nutrients) and are not misleading.
2. Complete or partial NRC/CGHE recommendations may be used. When a reference is made to only one or some of the recommendations or a part of a recommendation, it should not be presented in a manner which suggests that it is the sole or predominant feature. For example, a partial statement such as "limit fat" should be expressed as "one part" or "one component" of the NRC/CGHE or may be qualified by other statements that imply the same message.

   Examples of acceptable messages:

   "One of Canada's Guidelines for Healthy Eating recommends emphasizing cereals, breads, and other grain products, vegetables and fruit."

   "Consuming no more than 30% of energy as fat is part of the Nutrition Recommendations for Canadians."

   "Increasing carbohydrates is part of healthy eating."

3. References to Other Dietary Guidelines

Reference to other dietary guidelines, including foreign guidelines, are acceptable provided they are equivalent with the recommended pattern of eating outlined in the publication Nutrition Recommendations... A Call for Action. An important part of Health Canada's strategy has been to encourage health organizations to formally adopt or endorse the NRC/CGHE. It should be noted that, in most cases, foreign dietary guidelines are likely not to be equivalent to the Canadian recommendations in some respects (e.g., a recommendation to limit sugar or a recommendation that the diet should be limited to or provide a particular level of sodium, cholesterol or dietary fibre).

B. Conditions for Use

Following are the conditions for use in labelling and advertising for: (1) references to the NRC/CGHE, (2) healthy eating/diet claims, (3) generic NRC/CGHE/healthy eating statements in advertisements and (4) references to maintaining a healthy body weight. In addition, each type of claim must also be evaluated in relation to the criteria outlined in part A.

1. NRC/CGHE Statements and Other Recommendations

(a) Description of Claim

This is a statement of or reference to one or more of the NRC/CGHE which is not associated with any claims regarding the nutrient content of the food.

Cautionary Note: In some instances the appearance of a single recommendation/ guideline may imply that the food has a nutritional benefit consistent with the recommendation or guideline. Such statements may contravene subsection 5(1) of the Food and Drugs Act. For example, the appearance of the statement "Canada's Guidelines for Healthy Eating recommend choosing lower fat dairy products" on the label of "Brand X Yogurt", could imply that this yogurt is low, reduced or a lower fat product as referred to in Canada's Food Guide to Healthy Eating (see fact sheets, Canada's Food Guide to Healthy Eating: Food Guide Facts Background for Educators and Communicators, Health Canada, 1992). If it is not, the statement should not be used.

Dietary recommendations made by health professionals and/or health organizations or statements indicating that a recommended dietary practice is widely accepted are considered to be references to the NRC/CGHE.

Examples:

"__________ health organization recommends decreasing total fat and saturated fat as part of a healthy diet."

"health professionals suggest..."

"it is well known that..."

(b) Labelling Requirement

When the claim appears on the label, the nutrition labelling core list for the food (energy, protein, fat and carbohydrate) must be shown on the label.

(c) Advertising Requirement

When the claim appears in an advertisement for the food, the nutrition labelling core list should appear in the advertisement if it does not already appear on the label of the food.

Examples:

1. Claim: "Canada's Guidelines for Healthy Eating state in part: - enjoy a variety of foods." - emphasize cereals, breads, other grain products, vegetables and fruits." - "choose lower-fat dairy products, leaner meats and foods prepared with little or no fat."
   Requirement: Nutrition labelling core list.
2. Claim: "It is well known that Canadians should consume less fat."
   Requirements: Nutrition labelling core list and the claim must be reworded to indicate that this is only one part of the recommended pattern of eating.
3. Claim: "Enjoying a variety of foods is one part of healthy eating."
   Requirement:Nutrition labelling core list.

   2. Healthy Eating/Diet Claims

   A food should not be described as healthy, e.g., "healthy (naming the food)" or be represented in a manner that implies that the food in and of itself is healthy or will provide, maintain or restore health. However, a food may be described as part of healthy eating or as a healthy choice.

   (a) Description of Claim

   Any claim stating, suggesting or implying that a food:

   1. contributes to or is part of a "healthy diet" or "healthy eating" or synonymous terms. For the purpose of these guidelines, "synonymous term" includes any word or word set containing the word "health", "healthy" or "healthful" and referring to eating, diet, lifestyles or individual food choices.

      Examples of claims:
      "healthful diet", "healthy catch", "healthy harvest", "healthy choice", "healthy lifestyle", "______ brand food is part of a healthy lifestyle".

   2. has one or more characteristics which make it a suitable part of NRC/CGHE/healthy eating, e.g., a claim is made regarding the nutrient content of the food in proximity to a recommendation or a healthy eating statement. In general, nutrient content claims meeting the requirements for source/low/reduced/free may be associated with the corresponding NRC/CGHE statement.

      Example of claim:
      "Sodium-Free" associated with "Limiting salt intake is part of healthy eating"

      When a claim regarding a specific amount of sodium, cholesterol, fat or saturated fat in a food is associated with healthy eating or a recommendation to lower/reduce the intake of these nutrients, the amount in the food should be relatively low, such that it contributes to an overall dietary reduction. Thus amounts which satisfy the regulatory definition for "low" or "free" or guideline requirements for "X% reduced" can be shown in association with the recommendation. When these levels are not met, as is often the case for claims such as "controlled sodium/cholesterol" or "only X mg of...", a case-by-case evaluation in relation to subsection 5(1) of the Food and Drugs Act is necessary.

      Example of an acceptable claim:
      The claim "only X grams of fat per serving" appearing on a prepared meat label with the recommendation "One part of healthy eating is to choose leaner meats" is acceptable if the product meets the criteria for "lean".

      When a claim is made regarding a specific amount of complex carbohydrate or dietary fibre, and the amount satisfies the criteria for at least a "source" claim, then the claim can be shown in association with the carbohydrate recommendation mentioned in the key findings. However, a particular level of intake of complex carbohydrate or dietary fibre cannot be stated.

      Example of an acceptable claim:
      "17 grams of complex carbohydrate per 30 gram serving" on a cereal label associated with "Part of healthy eating is to provide 55% of energy as carbohydrate from a variety of sources."

   (b) Labelling Requirements

   1. When the claim appears on the label, the label shall carry a statement relating the food to the recommended pattern of eating. Usually, such statements will include a mention of a nutritional characteristic of the food and the guideline or recommendation which is relevant to that characteristic. For claims where the link between the food and the recommended pattern of eating is clear, no additional information is required. The linking statement should appear in its entirety in one of the following three locations:
      • as part of or in close proximity to the most prominent claim which states or implies that the food contributes to "healthy eating", etc.; or
      • clearly linked to this claim on the same panel by means of an asterisk; or
      • grouped with the nutrition information, providing the "healthy eating" claim is accompanied by a statement indicating where this information appears, e.g., "part of a healthy diet (see _________ panel)"
   2. The nutrition labelling core list (energy, protein, fat and carbohydrate) and any information required by the mention of the characteristic of the food in the linking statement must be shown on the label.

   (c) Advertising Requirements

   When the claim appears in the advertisement, the nutrition labelling core list and the linking statement should appear in the advertisement itself if they do not appear on the label of the food.

   Examples of healthy eating claims:

   1. Claim: "X brand yogurt is part of a healthy diet."

      Requirements:
      a. Linking statement: "Low in fat; one of the Nutrition Recommendations for Canadians calls for a reduction in fat intake."
      b. Nutrition labelling core list.

   2. Claim: "X brand Light Cottage Cheese is a healthy choice."

      Requirements:
      a. Linking statement: "50% less fat than our regular cottage cheese; choosing lower fat dairy products is one component of healthy eating."
      b. Nutrition labelling core list.

   3. Claim: "Apples are a healthy choice."

      Requirements:
      a. Linking statement: "Canada's Guidelines for Healthy Eating include emphasizing vegetables and fruits."
      b. Nutrition labelling core list.

   4. Claim: "X brand Whole Wheat Cereal has 5 grams of fibre in an average serving; one of the new Health Canada nutrition recommendations suggests increasing fibre intake in the diet."

      Requirements:
      a. Linking statement: No linking statement is required as the claim is complete and the product is high in fibre.
      b. Nutrition labelling core list and a declaration of the dietary fibre content.

   5. Claim: "Controlled in saturated fat; it is well known that the Canadian diet should not include more than 10% energy as saturated fat"

      Requirements:
      a. Linking statement: Assuming the product is low in saturates or relatively low in saturates when assessed on a case-by-case basis under paragraph B.2(a), no linking statement is required as the link is clear. However, the recommendation must be reworded to indicate that this is only one part of a recommended pattern of healthy eating.
      b. Nutrition labelling core list and fatty acid profile as required under section B.01.303 of the Food and Drug Regulations.

3. Generic NRC/CGHE/Healthy Eating Statements in Advertisements

Statements or claims made in advertisements associating a food group with the NRC/CGHE or healthy eating are not required to show the nutrition labelling core list information provided that the foods are identified generically as an entire food group of Canada's Food Guide to Healthy Eating, i.e., grain products, vegetables and fruit, milk products, meat and alternatives.

Examples:

1. Advertising claim: "Vegetables and fruit are part of healthy eating"
   Requirements: There are no specific advertising or labelling requirements.
2. Labelling claim: "Vegetables and fruit are part of healthy eating."
   Requirements: The requirements outlined in section B.1 (i.e., nutrition labelling core list) must be met.

4. References to Maintaining a Healthy Body Weight - Information Letter #793 (Health Protection Branch, Health Canada, 1991)

A food may be represented for use in achieving and maintaining a healthy body weight, provided that:

1. the principal display panel of the label of the food and any advertisement for the food carry the following 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 (with appropriate comparison statement); portion-controlled; low in fat",
2. the label carries the nutrition labelling core list (energy value, protein, fat and carbohydrate), and
3. the food is not labelled, packaged, advertised or sold in a manner likely to create the impression that it is for use in a weight-reduction diet (for full details, see Information Letter #793).

Note: A supplementary guideline will be developed to clarify the role of Canada's Food Guide to Healthy Eating issued on November 20, 1992 in the labelling and advertising of foods.

Food Division
Consumer Products Branch
Consumer and Corporate Affairs Canada*
April 1, 1993

* Consumer and Corporate Affairs ceased to exist as of June 25, 1993. Its responsibilities respecting food labelling and advertising were transferred to the Food Division, Food Production and Inspection Branch of Agriculture and Agri-Food Canada (now Bureau of Food Safety and Consumer Protection, Canadian Food Inspection Agency).

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