Canadian Food Inspection Agency
Guide to Food Labelling and Advertising
Section VII : Health-Related Claims
Sections 7.1 to 7.9
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)
- 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.
- 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.
- 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.
- 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.
- The seller is responsible for the accuracy of food labels and advertisements. The values
declared should be accurate for the food as sold.
- 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.
- 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)
- 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").
- 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.
- 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.
- 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.
- Flexibility in wording of recommendations is acceptable but should be faithful to the
recommended pattern of eating.
- 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.
- 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.
- 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.
- 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
- 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.
- 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"
- 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.
- 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.
- 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".
- 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".
- 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)
- References to "Canada's Food Guide to Healthy Eating" should use the
official title.
- 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:
- one or more directional statements in Canada's Food Guide to Healthy Eating,
and/or
- the recommended number of servings listed in Canada's Food Guide to Healthy Eating.
- In the case of an advertisement, the information should be in the advertisement if it is
not provided on the label.
- 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.
- 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:
- the product is identified generically as the entire food group; and
- 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:
- 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;
- in the case of print advertisements, the nutrition labelling substantiation must appear
in the advertisement;
- 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.
- 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.
- 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)
- 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.
- 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.
- "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).
- 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.
- 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:
- 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.
- 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)
- 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.
- 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:
- the reason for the use of the logo should be made clear, e.g., financial support;
- it be stated that the name, logo, etc., does not constitute an endorsement of the food;
or
- 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:
- 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.
- 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.
- 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.
- 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:
- 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".
- The label carries the nutrition labelling core list, energy value and content of
protein, fat and carbohydrate.
- 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.
- The label, packaging or advertisements do not give the impression that the food is for
use in a weight reduction diet.
- 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:
- 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).
- 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).
- 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.".
- The claim triggers a declaration of the nutrient content in a food serving of stated
size.
- 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.
- 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."
- 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
PROTEIN |
- helps build and repair body tissues
- helps build antibodies |
FAT |
- supplies energy
- aids in the absorption of fat-soluble vitamins |
CARBOHYDRATE |
- supplies energy
- assists in the utilization of fats |
VITAMIN A |
- aids normal bone and tooth development
- aids in the development and maintenance of night vision
- aids in maintaining the health of the skin and membranes |
VITAMIN D |
- factor in the formation and maintenance of bones and teeth
- enhances calcium and phosphorus absorption and utilization |
VITAMIN E |
- protects the fat in body tissues from oxidation |
VITAMIN C |
- factor in the development and maintenance of bones,
cartilage, teeth and gums |
THIAMINE
(VITAMIN B1) |
- releases energy from carbohydrate
- aids normal growth |
RIBOFLAVIN
(VITAMIN B2) |
- factor in energy metabolism and tissue formation |
NIACIN |
- aids in normal growth and development
- factor in energy metabolism and tissue formation |
VITAMIN B6 |
- factor in energy metabolism and tissue formation |
FOLACIN |
- aids in red blood cell formation |
VITAMIN B12 |
- aids in red blood cell formation |
PANTOTHENIC ACID |
- factor in energy metabolism and tissue formation |
CALCIUM |
- aids in the formation and maintenance of bones and teeth |
PHOSPHORUS |
- aids in the formation and maintenance of bones and teeth |
MAGNESIUM |
- factor in energy metabolism, tissue formation and bone
development |
IRON |
- factor in red blood cell formation |
ZINC |
- factor in energy metabolism and tissue formation |
IODINE |
- factor in the normal function of the thyroid gland |
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.
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