Canadian Food Inspection Agency
Guide to Food Labelling and Advertising

Section VII : Health-Related Claims
Appendices I - V

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

Consumer Products Branch
Consumer and Corporate Affairs Canada*
1990

Appendix I: Policy - Educational Material versus Advertising Material

Introduction

There is a need for a guideline to assist food manufacturers, advertisers, retailers and restaurateurs in distinguishing between "advertising" and "educational/informational materials" and thereby facilitate compliance with the Food and Drugs Act. This distinction is a key element of the second principle described under item IV, Clarification of Applicability of subsections 3(1) and 3(2), contained in the Health and Welfare Canada document "Guidelines for Health Information Programs Involving the Sale of Foods".

Background

(1) The definition of "advertisement" contained in the Food and Drugs Act is all inclusive as follows: "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". For this reason, it is recognized that distinguishing between product promotional or advertising material(s) and material(s) intended only to educate/inform consumers can be difficult.

(2) Historically, it has been the administrative practice of Consumer and Corporate Affairs Canada and Health and Welfare Canada to consider certain materials produced or sponsored by the food industry as primarily "educational" rather than as "advertisements". For example, some materials have not been treated strictly as advertisements for the purposes of the Act and Regulations because of their restricted distribution and/or target group. These include materials requested in writing from manufacturers, factual materials designed for, and distributed in, the classroom and materials designed for, and distributed to, health professionals. In addition, subsections 3(1) and 3(2) of the Act and certain regulations (e.g. Part D - vitamins and minerals) refer to "advertising to the general public" and thus exclude advertising to health professionals.

(3) Conversely, the aforenoted materials when displayed in close proximity to the subject products at point-of-sale, have been considered advertising. This principle has served as an important control of nutrition fad advertising and irresponsible claims for food supplements and similar products.

Scope

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.

Goal

To clarify the definition of "educational/informational material" as distinguished from "advertising" which would be applicable for the purpose of enforcing the Food and Drugs Act and Regulations, and in particular subsections 3(1) and 5(1) of the Act.

Guidelines

Given the broad scope of the definition for advertising, it will be necessary to evaluate each item of printed material and material intended for broadcast on a case-by-case basis. It is acknowledged that some material could be designed both for educational purposes and for promoting the sale of a food. In general, for the purposes of the Food and Drugs Act and Regulations, to qualify as "educational/informational material(s)" as distinguished from product advertising or promotional material the following conditions should be satisfied:

1. Content

1. The material should be obviously designed for the purpose of informing consumers rather than promoting the sale of a product, i.e. the material is a statement or presentation of fact without commercialization, giving relevant facts and points of view, not just those that favour the sponsor; and
2. 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; and
3. If the material focuses on a class of foods, such as breads, meat or poultry, or a food group, such as fruits and vegetables, the class/group of foods should be presented in the context of the pattern of healthy eating contained in the "Nutrition Recommendations ... A Call for Action".

2. Distribution

1. Materials qualifying as educational/informational, as per items 1 a), b) and c), will usually be considered advertising if displayed at point-of-sale with, or in close proximity to, the foods being referenced therein.

   Note 1: Although dependent on specific circumstances, materials displayed away from the subject foods, i.e. the front of a store or restaurant, will be unlikely to violate this principle.

   Note 2: There would be, of course, no objection to placing advertising materials at point-of-sale next to subject foods, as long as they are not misleading, do not refer to the prevention of disease, are consistent with the "General Principles for Labelling and Advertising Claims that Relate to the Nutrition Recommendations" and meet the requirements of the Food and Drugs Act and Regulations.

2. If educational/informational material is produced solely by an organization which does not sell food (e.g. a health-related organization, producer group, marketing board), the retailer, restaurateur, etc. who has placed or displayed the material in close proximity to the foods referenced therein may be deemed responsible for its use as advertising.

Example:

Company X, which manufactures product Y, may choose to publish a brochure designed to inform consumers as to the role of the diet in disease prevention.

The class of foods to which Y belongs may be the main focus, but the food group/class is presented in the context of Canada's Guidelines for Healthy Eating.

Company X may identify its corporate brand of product Y on the cover of the brochure; however, no mention may be made therein of product Y or other products or brands it manufactures or distributes.

The brochure may not be displayed at point-of-sale in close proximity to either product Y or to the class of products to which Y belongs.

* Consumer and Corporate Affairs Canada 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 (as of April 1, 1997, Food Division, Canadian Food Inspection Agency).

Appendix II: Policy on the Use of Third-Party Endorsements, Logos and Seals of Approval

Introduction

The Canadian Food Inspection Agency (CFIA) recognizes the need for collaboration among government, industry and non-government organizations in nutrition and health information programs and the desirability of providing useful information on labels and in advertising by manufacturers and third parties. It is, however, CFIA policy (as stated in Section 4.1.8 of the Guide to Food Labelling and Advertising) that logos, seals of approval and professional endorsements on food labels or in food advertisements should be used with caution to ensure that consumers are not misled as to the merits of the product involved.

Endorsements 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.

Background

1. Increasing numbers of foods sold in retail outlets, in restaurants and food service establishments bear third party endorsements which imply nutrition or health-related benefits.
2. In view of the growing trend by manufacturers, retailers, restaurateurs and advertisers to enter into joint arrangements with health agencies and related organizations for the purposes of product promotion, there is concern that the proliferation of logos and seals of approval may lead to consumer confusion and, additionally, that the consumer is unable to judge the merit of the endorsing organizations. The criteria for describing foods in labelling and advertising have been established by regulations and guidelines. The development of alternative systems for describing foods may weaken the fabric of the regulatory base necessary for consumer protection. In this context, a clear policy is needed.

Policy Goal

To describe the conditions under which the name, statement, seal of approval, symbol, logo or other proprietary mark of a third party, suggestive of nutrition and/or health benefits, may be used on the label of, or in an advertisement for a food in a manner which will avoid misleading consumers.

1. Scope

1.1 This policy applies to the use of third party endorsements suggestive of a single food's or brand's nutrition and/or health-related benefits on food labels or in food advertisements including those in retail outlets, restaurants and food service establishments. The policy does not apply to logos, etc. of organizations providing health and nutrition information for groups or classes of foods in retail outlets, restaurants and food service establishments.

1.2 This policy does not apply to the use of the gluten-free symbol of the Canadian Celiac Association or the food choice values of the Canadian Diabetes Association (see Section 7.15.7 for requirements triggered by "gluten-free" claims or logos). These are intended only to provide information about a food's composition for consumers with celiac disease and diabetes respectively. These symbols are presented in such a way that only persons with celiac disease or diabetes recognize the symbols and are unlikely to be perceived by the general public as being endorsed by a health organization. Consideration may be given to additional exceptions on a case-by-case basis.

2. Definition

Third party endorsement means the approval or sanction of a food by any health professional or health organization or any individual or group represented as such.

3. General Principles

a. The appearance of the name, statement, logo, symbol, seal of approval or other proprietary mark of a third party organization, on the label of or in an advertisement for a food, may be perceived by consumers as an endorsement of that food by the organization involved.

b. Third party endorsements can be misleading or deceptive because a food bearing the endorsement on its label or in its advertisement can be perceived by consumers as being superior in terms of health, safety and/or nutrition to other foods not bearing the endorsement.

4. Conditions for Use of the Name, Statement, Logo, Symbol, Seal of Approval or Other Proprietary Mark of a Third Party

To minimize the potential for misrepresentation in the use of the name, statement, logo, symbol, seal of approval or other proprietary mark of a third party on a food label or in a food advertisement:

a. The name, statement, logo, symbol, seal of approval or other proprietary mark of a third party should not be used in a manner which implies that the food is, in and of itself, healthy; is superior in terms of health, safety and/or nutrition to any food not bearing the name, etc. of the third party; or is a treatment, preventative or cure for disease, and

b. One of the following conditions should be satisfied:

1. the reason for the appearance of the name, statement, logo, etc. of a third party, such as involvement in joint education programs, should be clearly explained. Where the use of the name, statement, logo, etc. of a third party involves financial support or sponsorship, this fact is to be declared, e.g. "Company X provides financial support to/is a sponsor of/the Nutrition Week Campaign of Organization Y"; or
2. it should be clearly indicated that the name, statement, logo, etc. of the third party does not constitute an endorsement of the food; or
3. the name of the third party, with or without its logo, symbol, seal of approval or other proprietary mark, should appear in conjunction with its nutrition recommendations/ dietary guidelines or those endorsed by it. Such food labels or advertisements should provide the nutrition labelling core list (energy value, protein, fat and carbohydrate).

* Consumer and Corporate Affairs Canada 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 (as of April 1, 1997, Food Division, Canadian Food Inspection Agency).

Appendix III: Canada's Guidelines for Healthy Eating 1991

• 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.
• Achieve and maintain a healthy body weight by enjoying regular physical activity and healthy eating.
• Limit salt, alcohol and caffeine.

Appendix IV: Nutrition Recommendations For Canadians

The Canadian diet should provide energy consistent with the maintenance of body weight within the recommended range.

The Canadian diet should include essential nutrients in amounts recommended.

The Canadian diet should include no more than 30% of energy as fat (33 g/1000 kCal or 39 g/5000 kJ) and no more than 10% as saturated fat (11 g/1000 kcal or 13 g/5000 kJ).

The Canadian diet should provide 55% of energy as carbohydrate (138 g/1000 kcal or 165 g/5000 kJ) from a variety of sources.

The sodium content of the Canadian diet should be reduced.

The Canadian diet should include no more than 5% of total energy as alcohol, or two drinks daily, whichever is less.

The Canadian diet should contain no more caffeine than the equivalent of four regular cups of coffee per day.

Community water supplies containing less than 1 mg/litre should be fluoridated to that level.

"Key Findings"
(Nutrition Recommendations... A Call For Action. Health and Welfare Canada, 1989, Pages 4-6)

The Canadian diet should provide energy consistent with the maintenance of body weight within the recommended range. Physical activity should be appropriate to circumstances and capabilities. Both longevity and the incidence of a number of chronic diseases are associated adversely with body weights above or below the recommended range. There is, thus, a health benefit to controlling weight, but a possible downside to control by energy intake alone. Physical activity should also play a role. While the importance of maintaining some activity throughout life can be stressed, it is not possible to specify a level of physical activity appropriate for the whole population. As a general guideline it is desirable that adults, for as long as possible, maintain an activity level that permits an energy intake of at least 1800 kcal or 7.6 MJ/day while keeping weight within the recommended range.

The Canadian diet should include essential nutrients in amounts recommended. One of the reasons for including physical activity as a desirable element in weight control is the increasing difficulty in meeting the recommended nutrient intake (RNI) as energy intake falls below 1800 kcal or 7.6 MJ/day. While it is important that the diet provide the recommended amounts of nutrients, it should be understood that no evidence was found that intakes in excess of the RNIs confer any health benefit. There is no general need for supplements except for vitamin D for infants and folic acid during pregnancy. Vitamin D supplementation might be required for elderly persons not exposed to the sun, and iron for pregnant women with low iron stores. It should be noted that while the habitual intake of certain nutrients, for example, protein and vitamin C, greatly exceeds the RNI, there is no reason to suggest that present intakes can be reduced.

The Canadian diet should include no more than 30% of energy as fat (33 g/1000 kcal or 39 g/5000 kJ) and no more than 10% as saturated fat (11 g/1000 kcal or 13 g/5000 kJ). Diets high in fat have been associated with a high incidence of heart disease and certain types of cancer and a reduction in total fat intake is an important way to reduce the intake of saturated fat. The evidence linking saturated fat intake with elevated blood cholesterol and the risk of heart disease is among the most persuasive of all diet/disease relationships and was an important factor in establishing the recommended dietary pattern. Dietary cholesterol, though not as influential in affecting levels of blood cholesterol, is not without importance. A reduction in cholesterol intake normally will accompany a reduction in total fat and saturated fat. The recommendation to reduce total fat intake does not apply to children under the age of two years.

The Canadian diet should provide 55% of energy as carbohydrate (138 g/1000 kcal or 165 g/5000 kJ) from a variety of sources. Sources selected should provide complex carbohydrates, a variety of dietary fibre and b-carotene. Carbohydrate is the preferred replacement for fat as a source of energy since protein intake already exceeds requirements. There are a number of reasons why the increased carbohydrate Calories should be in the form of complex carbohydrates. Diets high in complex carbohydrates have been associated with a lower incidence of heart disease and cancer, and are sources of dietary fibre and of ß-carotene.

The sodium content of the Canadian diet should be reduced. The present food supply provides sodium in an amount greatly exceeding requirements. While there is insufficient evidence to support a quantitative recommendation, potential benefit would be expected from a reduction in current sodium intake. Consumers are encouraged to reduce the use of salt (sodium chloride) in cooking and at the table, but individual efforts will be relatively ineffective unless the food industry makes a determined effort to reduce the sodium content of processed and prepared food. A diet rich in fruits and vegetables will ensure an adequate intake of potassium.

The Canadian diet should include no more than 5% of total energy as alcohol, or two drinks daily, whichever is less. There are many reasons to limit the use of alcohol. From the nutritional point of view, alcohol dilutes the nutrient density of the diet and can undermine the consumption of RNIs. The deleterious influence of alcohol on blood pressure provides more urgent reason for moderation. During pregnancy it is prudent to abstain from alcoholic beverages because a safe intake is not known with certainty.

The Canadian diet should contain no more caffeine than the equivalent of four regular cups of coffee per day. This is a prudent measure in view of the increased risk for cardiovascular disease associated with high intakes of caffeine.

Community water supplies containing less than 1 mg/litre should be fluoridated to that level. Fluoridation of community water supplies has proven to be a safe, effective and economical method of improving dental health.

Appendix V: Directional Statements - Canada's Food Guide To Healthy Eating

• Enjoy a variety of foods from each food group every day. Choose lower fat foods more often.
• Choose whole grain and enriched products more often.
• Choose dark green and orange vegetables and orange fruit more often.
• Choose lower-fat milk products more often.
• Choose leaner meats, poultry and fish, as well as dried peas, beans and lentils more often.
• Taste and enjoyment can also come from other foods and beverages that are not part of the 4 food groups. Some of these foods are higher in fat or Calories, so use these foods in moderation.

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