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Canadian Food Inspection Agency Section VII : Health-Related Claims
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| 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 |
Health Canada recognizes the importance of health information programs undertaken at the point of purchase. A major component of many of these programs is a nutrition education strategy involving food labelling and advertising in retail food outlets and restaurants. It is at this point that health information activities interface with the federal statutes which regulate commercial interests selling food.
Under the Food and Drugs Act and Regulations, the legal status of these retail and restaurant programs is as follows: point-of-purchase information about food products is considered to be either labelling or advertising. The person selling the food, in this case the retailer or restaurateur, 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 relevant provisions of the Food and Drugs Act and Regulations(1) and the Consumer Packaging and Labelling Act(2). The Guide for Food Manufacturers and Advertisers(3), provides comprehensive information about the application of these statutes and contains guidelines pertaining to claims. The Guidelines on Nutrition Labelling(4) set out a uniform system of nutrition labelling to be used in Canada.
To provide guidance for health information programs involving the sale of food undertaken in retail food outlets and restaurants, regarding compliance with the Food and Drugs Act and Regulations.
Relevant Definitions and Sections of the Food and Drugs Act
Schedule A lists 40 diseases, including cancer, diabetes, heart disease, hypertension,
kidney disease, and obesity.
Claims for the Nutritional Characteristics of Foods
Claims for the nutritional characteristics of foods include claims for energy, fat, saturated fat, cholesterol, sodium, dietary fibre, vitamins and minerals. These claims are controlled in a general way under subsection 5(1) of the Act. In addition, specific regulatory requirements have been set out in the Food and Drug Regulations and guidelines on claims are contained in Section VI of the Guide to Food Labelling and Advertising. Those provisions of most interest to health information programs follow. Regulations are identified as (R) and guidelines as (G).
When a statement or claim is made about the fat content of a food, the total fat content must be declared in grams per serving. The criteria for specific claims are as follows:
"low fat/low in fat" (R) : The food may not contain more than 3 g fat/serving and 0.15 g fat/g dry matter.
"lean" : In the case of meat, fish, poultry, the food should contain not more than 10% fat (G) except lean ground meat which may contain up to 17% fat.
Comparative Claims (G)
"lower in fat.../less fat than...": The foods compared should be similar. The compared foods should be identified and the amount of the difference in fat content given, e.g. one third lower in fat than food X. There should be a difference of at least 25 per cent in the fat content and a significant difference in the amount per serving.
Statements such as "trimmed", "with the fat cut off", "made with skim milk" etc. would not require a declaration of the fat content.
When a statement or claim is made for polyunsaturates, monounsaturates, saturates or cholesterol in a food, all four components must be declared in grams per serving except for cholesterol which is declared in milligrams per serving, along with the total fat content. Criteria for specific claims are as follows:
"low in saturated fatty acids/low saturates" (R) : The food may not contain more than 2 g saturated fatty acids per serving and not provide more than 15 percent of energy from saturated fatty acids.
"low cholesterol" (R): The food may not contain more than 20 mg cholesterol both per serving and per 100 g. It must also be low in saturated fatty acids as defined above.
"cholesterol free" (R): The food may not contain more than 3 mg cholesterol per 100 g and must also be low in saturated fatty acids as defined above.
"source of polyunsaturates" (G) : The food should contain not less than 2 g polyunsaturates per serving.
Note: Fatty acid declarations on foods containing partially hydrogenated fats will not "add up" to the total fat content because of the presence of "trans" isomers formed during the hydrogenation process. Only the "cis" isomers of monounsaturated and polyunsaturated fatty acids are to be declared.
When a statement or claim is made about the sodium content of a food, the amounts of both sodium and potassium must be declared in milligrams per serving. A claim for the salt content of a food is considered to be a claim for its sodium content. Criteria for specific claims are as follows:
"low sodium" (R): Food must have a 50 percent reduction in sodium content, contain not more than 40 mg sodium per 100 g of the food (except cheddar cheese, not more than 50 mg sodium per 100 g and meat, fish and poultry, not more than 80 mg per 100 g) and may not contain added sodium salts e.g. sodium citrate. The energy value, protein, fat and carbohydrate content and the sodium and potassium content per serving must be given on the label.
Comparative Claims (G)
"reduced sodium.../less salt than... /lower in salt than..." : The foods compared should be similar. The foods compared should be identified and the amount of the difference in sodium content given. There should be a difference in the sodium content of at least 25 per cent and a significant difference in the amount per serving.
Some of the more common statements or claims regarding the energy value of a food are covered by regulations or guidelines. When a statement or claim is made about the energy value of a food, the energy value must be declared in both Calories and kilojoules per serving. Criteria for specific claims are as follows:
"low calorie" (R) : The food must have at least a 50 percent reduction in energy value and may not contain more than 15 Calories per serving. The energy value, protein, fat and carbohydrate content per serving must be given on the label.
"calorie-reduced" (R) : The food must have at least a 50 per cent reduction in energy value. The energy value, protein, fat and carbohydrate content per serving must be given on the label.
Comparative Claims (G)
"lower in Calories than.../one third less Calories..." : The foods compared should be similar. The foods compared should be identified and the amount of difference in energy value given. There should be a difference in the average energy value of at least 25 per cent and a significant difference in the number of Calories (kJ) per serving.
The term "light/lite" is frequently used to describe the nutritional attributes of a food. When used, it should be accompanied by qualifying information which describes in what way the food is considered to be light. In addition, a food described as light should be either "low" or reduced in energy or in a nutrient, and meet the criteria for either "low" or for comparative claims.
For example, if food X, containing 33 1/3% less fat, is described as "light X", the label should go on to say "one third lower in fat than our regular food X".
There are other common uses for the term "light/lite". These may include references to colour, alcohol, texture and flavour.
When a statement or claim is made about the dietary fibre content of the food, the dietary fibre content of the food must be declared in grams per serving. Criteria for specific claims are as follows:
"source of" : The food should contain at least 2 g dietary fibre per serving.
"high source of" : The food should contain at least 4 g dietary fibre per serving.
"very high source" : The food should contain at least 6 g dietary fibre per serving.
When a statement or claim is made for vitamins or minerals, the amount of the vitamin or mineral in the food must be declared as a percentage of the "Recommended Daily Intake" per serving (except in the case of sodium and potassium). No claims are permitted for vitamins and minerals for which there are no "Recommended Daily Intakes" (RDI), for example, biotin and copper. Criteria for specific claims are as follows:
"contains/source of" (R) : The food must contain at least 5% of the RDI per serving.
"high source of/good source of" (G) : The food should contain at least 15% of the RDI per serving (at least 30% for vitamin C).
"very high source of/excellent source of" (G) : The food should contain at least 25% of the RDI per serving (at least 50% for vitamin C).
General Requirements for the Declaration of Nutrient Content (R)
When a statement or claim is made for the nutritional characteristics of a food, the amount of the specific nutrient(s) that is the subject of the claim must be declared in specified units per serving of stated size (as sold), e.g., the statement, "a low fat food", would trigger a declaration of "x g fat per xx g/ml serving".
Placement of Required Information
The legal status of various in-store vehicles for presenting information will vary depending upon the nature of the information and whether it promotes the sale of foods (proximity to foods, etc.). Posters and shelf markers in grocery stores are generally considered advertisements, but if placed next to a 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 materials may be classed as advertisements.
When 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 (R). Therefore, a nutrient declaration would be required on a shelf label, poster, table-top tent or menu, to support claims if there is no food label. These nutrient declarations may take the form of a list of the foods included in the claim with the content of the nutrient claimed for each; e.g. foods designated as "low fat" could be listed in a column with the fat content in g per serving of each on the shelf label or in a sheet attached to the menu etc. or could be included in brochures that are always and prominently available in the restaurant or store.
Compliance
The seller is responsible for the accuracy of food labels and advertisements. The quantities declared should be accurate for the food as sold.
In the case of a prepackaged food, the manufacturer is responsible for the accuracy of the information presented on the label. The seller, however, is responsible for any advertising or shelf-labelling material developed for that food.
Disease Prevention Claims
"Drug-type" Claims
Claims that a food will restore, correct or modify organic functions and claims that a food will prevent or treat or mitigate a disease or disorder or abnormal physical state or its symptoms are deemed to bring the food within the definition of a drug, by virtue of the definition of a drug.
Section 3 / Schedule A
Section 3 of the Food and Drugs Act (subsections 3(1) and 3(2)) protects the public against injury to health by self-diagnosis and treatment with foods that are advertised as treatments, preventatives or cures for diseases that are listed in Schedule A. It is important to note that Section 3 is not limited to false or misleading advertisements; it prohibits advertisements that are true where a specific product is linked to a disease set out in Schedule A.
This means that a statement such as "a diet low in saturated fat may reduce the risk of heart disease", is permissibleonly if no linkage is made to a specific product being offered for sale. If this message is positioned on a food label or in a product-specific advertisement, it is deemed to offend either subsection 3(1) or 3(2).
Under this law, relating a food product to the prevention of a disease listed in Schedule A is forbidden.
The application of Section 3 to a number of general fact situations has been examined. It has been concluded that the following do not appear to offend Section 3:
* For information regarding the distinction between advertising and educational
material, see Policy - Educational Material Versus Advertising Material of the Department
of Consumer and Corporate Affairs in Appendix I.
** See Policy on the Use of Third-Party Endorsements, Logos and Seals of Approval of the
Department of Consumer and Corporate Affairs in Appendix II.
These general principles relate to:
Policy Goals:
Background:
Diet plays an important role in maintaining the health of the population and reducing the risk of nutrition-related diseases. In the past, consumer confusion resulted from differing nutrition messages. A positive development is the agreement of many sectors that there is one healthy eating pattern for all rather than several different diets.
The Review of Nutrition Recommendations provides the best wisdom we have today on the relationship of diet to health. The publication Nutrition Recommendations...A Call for Action incorporates the key findings of the Scientific Review Committee's Report Nutrition Recommendations, as well as Canada's Guidelines for Healthy Eating. The desired characteristics of the Canadian diet that it outlines are those considered most important for health.
Canada's Guidelines for Healthy Eating were developed as the principal messages to be communicated to healthy Canadians. They reflect changes in current dietary practices thought to be most important to allow Canadians to consume a diet as outlined by the Nutrition Recommendations for Canadians.
Canada's Food Guide to Healthy Eating takes Canada's Guidelines for Healthy Eating one step further. It describes a pattern of eating based on a total diet approach which provides guidance on the selection of all foods. The Food Guide portrays examples of foods which are part of the four food groups.
Influencing dietary change requires an aggressive and prolonged communication and educational process and considerable financial resources. Many sectors have a role to play in delivering the nutrition message. The challenge requires intersectoral cooperation and a coordination of effort. 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.
Policies, programs, and promotions to the consumer should support these dietary guidelines. Health Agencies and Professional Associations may adopt the official Nutrition Recommendations for Canadians and Canada's Guidelines for Healthy Eating as their own and use them in labelling and advertising. Guidelines or messages that are in conflict or that would cause confusion should not be promoted.
These general principles are designed to enable the food industry to provide consumers with meaningful and truthful information which supports a consistent pattern of 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. Nutrition Recommendations ... A Call For Action includes Canada's Guidelines For Healthy Eating (Appendix III) and Nutrition Recommendations For Canadians and "Key Findings" (Appendix IV).
1. The use of a variety of differing dietary guidelines and food guides is confusing and potentially misleading to the consumer. Only messages describing the pattern of eating, contained in Nutrition Recommendations... A Call for Action and Canada's Food Guide to Healthy Eating should be used.
Nutrition Recommendations and Canada's Guidelines for Healthy Eating
2. The messages contained in Canada's Guidelines for Healthy Eating are the principal messages to be communicated.
3. Canada's Guidelines For Healthy Eating and Nutrition Recommendations for Canadians both describe a consistent pattern of eating. Flexibility in the wording of messages on labels and in advertisements is acceptable, provided the messages remain faithful to the recommended pattern of eating.
4. Not all statements in Canada's Guidelines for Healthy Eating and Nutrition Recommendations for Canadians must be used. When only part of the recommended pattern of eating is referred to, the statement should indicate that it is one component of the recommended pattern of eating.
5. Any statement or claim about "healthy eating" or a "healthy diet" is considered to be a statement or claim about the recommended pattern of eating described in Nutrition Recommendations...A Call for Action.
6. 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.
7. When a food is described as part of "healthy eating" or a "healthy diet" or as a "healthy choice" on the label or in an advertisement, the label should carry a statement relating the food to the recommended pattern of eating described in Nutrition Recommendations...A Call for Action. In the case of an advertisement, if the statement is not provided on the label, it should be provided in the advertisement. When only part of the pattern of eating is used, it should be positioned as one component as described in point 4.
8. When a label or an advertisement for a food carries a statement or claim about Canada's Guidelines for Healthy Eating, Nutrition Recommendations for Canadians, "healthy eating", "healthy diet" or "healthy choice" the label should provide consumers with the nutrition labelling core list (energy value, protein, fat, and carbohydrate). In the case of an advertisement, if the information is not provided on the label, it should be provided in the advertisement.
9. Statements or claims made in advertisements associating a food group with Canada's Guidelines for Healthy Eating, Nutrition Recommendations for Canadians, "healthy eating" or "healthy diet" would not require nutrition labelling or the statement called for in paragraph 7, provided that the group is identified as the entire food group, i.e. "Grain Products", "Vegetables and Fruit", "Milk Products" and "Meat and Alternatives".
Canada's Food Guide To Healthy Eating
10. References to "Canada's Food Guide to Healthy Eating" should use the official title. Once the official title has been used, use of a shorter version, "The Food Guide", is acceptable.
11. Except as noted in paragraph 12, flexibility in the wording of messages on labels and in advertisements is acceptable, provided the messages remain faithful to the recommended pattern of eating.
12. When "Canada's Food Guide to Healthy Eating" is quoted, only the Food Group names that appear in the Food Guide should be used, namely "Grain Products" "Vegetables and Fruit", "Milk Products", "Meat and Alternatives". For example: "Canada's Food Guide to Healthy Eating recommends that we eat 5 to 12 servings daily of Grain Products including bread".
13. When food group names are used without specifically referring to "Canada's Food Guide to Healthy Eating", the wording should remain faithful to the intent of the food group name. For example: "Enjoy 5 to 10 fruits and vegetables daily".
14. Comparisons between Canada's Food Guide (1982) and Canada's Food Guide to Healthy Eating (1992) are not encouraged. If comparisons are made, they should clearly reflect the different basis of each food guide (e.g. 1982, a foundation diet; 1992, a total diet).
15. 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.
16. 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.
17. 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:
In the case of an advertisement, if the information is not provided on the label, it should be in the advertisement.
18. When only part of a directional statement in Canada's Food Guide to Healthy Eating is used, the fact that it is only part of the statement should be indicated. For example: "Within Grain Products, choosing enriched products more often is one of the recommendations of Canada's Food Guide To Healthy Eating."
19. 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.
20. When a label or an advertisement for a food carries a statement or claim about Canada's Food Guide to Healthy Eating, the label should provide consumers with the nutrition labelling core list (energy value, protein, fat, and carbohydrate). In the case of an advertisement, if the information is not provided on the label, it should be provided in the advertisement.
21. Statements or claims made in advertisements associating a food group with Canada's Food Guide to Healthy Eating would not require nutrition labelling or the statement called for in paragraph 17 provided that the group is identified as the entire food group, "Grain Products", "Vegetables and Fruit", "Milk Products" and "Meat and Alternatives".
Note: These General Principles do not supersede the regulations and guidelines contained in the Food and Drug Regulations and the Guide for Food Manufacturers and Advertisers, pertaining to statements and claims about nutrients in foods.
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.
Send reproduction requests to:
December 1, 1993
References
November 1989
| 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 |
 Top of Page |
Important Notices |
