Canadian Food Inspection Agency
Guide to Food Labelling and Advertising

Section VII : Health-Related Claims
Annex 4

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

Policy - Advertising Claims Relating to Nutrition Recommendations made by Organizations which do not Control Food Packaging or Labelling (OWLs)

Scope

This policy applies to statements and/or claims made in advertising associating foods with the Nutrition Recommendations for Canadians (NRC), Canada's Guidelines for Healthy Eating (CGHE), Canada's Food Guide to Healthy Eating (CFGHE) and/or references to "Healthy Eating", "Healthy Diets", "Healthy Choice." This policy is intended to supplement the "General Principles for Labelling and Advertising Claims that Relate to the Nutrition Recommendations and Canada's Food Guide to Healthy Eating" ("General Principles").

Goal

To provide alternative approaches/mechanisms for the use of nutrition recommendations/healthy eating claims for producers' and manufacturers' associations, marketing boards and similar product promotional/informational organizations, including health organizations, which do not control or are not responsible for the packaging or labelling of the foods they advertise.

Policy

(1) Groups of Foods and "Healthy Eating" Claims

Statements and claim(s) made in advertising, which associate a group of foods with one or more of the NRC/CGHE/CFGHE, and/or make references to "healthy eating", "healthy diet", "healthy choice" or any synonymous terms with the word "health/healthily" should satisfy all requirements outlined in the "General Principles" except that:

The nutrition labelling core list (i.e., energy as Calories and kilojoules, protein, fat and carbohydrate), and the linking statement relating the food group to the recommended pattern of eating described in Canada's Guideline for Healthy Eating, Canada's Food Guide to Healthy Eating, and the Nutrition Recommendations for Canadians will not be required, provided that:

1. the foods are identified generically as the entire food group, i.e., "grain products", "vegetables and fruit", "milk products" and "meat & alternatives"; and
2. the statement or claim does not refer directly or indirectly to a specific food(s), e.g., a statement such as "Choose leaner meats as part of a healthy diet", but showing only beef, would be considered as an indirect reference to beef.

Examples of claims eligible for the above-noted exemptions:

• "One of Canada's Guidelines for Healthy Eating suggests: 'Emphasize cereals, breads, other grain products, vegetables and fruits'.";
• "Choose leaner meats - one part of healthy eating.";
• "Milk products are part of a healthy diet.";
• "Vegetables and fruit contribute to a healthy diet.";
• "Grain products contribute to healthy eating.".

(2) Specific Foods and "Healthy Eating" Claims

Advertising claims associating specific food(s) with one or more of CGHE, NRC, CFGHE, and/or make reference to "healthy eating", "healthy diet", "healthy choice" or synonymous terms (e.g., "beef can contribute to a healthy diet", should satisfy all requirements outlined in the "General Principles." However, the nutrition labelling core list may be provided elsewhere than in the advertisement in which the claim(s) appear, as follows:

(a) Broadcast Advertisements:

Where the claim is made in broadcast advertisements, the nutrition labelling core list is to be provided in the advertisement, or by one of the following means:

1. via a telephone number given in the advertisement, i.e., a 1-800 number or other appropriate number, depending on the reach of the advertisement, or
2. in printed material (e.g., brochures), provided that the material is free of charge and is readily available to consumers at the point-of-purchase (where possible, next to the food(s) advertised) or if not possible, it may be provided elsewhere in the store and customers notified of availability next to the food.

Note: Evidence of availability of printed material may be required as a condition for approval of broadcast advertisements. Availability requirements will depend on the reach of the advertisement. If the scope is national, the supporting print material should be available across Canada in a substantial number of retail establishments.

(b) Printed Advertisements:

Where the claim is made in printed advertisements appearing in newspapers, magazines, brochures, coupons and other mass circulation materials, the nutrition labelling core list is to be provided in the advertisement.

(c) Retail Advertisements:

Where the claim is made in an advertisement appearing in a retail outlet (e.g., shelf-talker or store flyer), the nutrition labelling core list is to appear in the printed advertisement itself, or is to be made easily available to consumers beside the food (e.g., in the form of a video, brochure, poster or other printed material). Alternatively, the material may be provided elsewhere in the store and consumers notified, in close proximity to the claim, of its availability.

It should be noted that the retailer is responsible for ensuring that the "General Principles" and any other requirements or policies prescribed under the authority of the Food and Drugs Act and Regulations are met. This also applies when entering into partnership agreement with organizations providing health information programs at retail.

(d) Restaurant Advertisements:

If an advertisement appears in a restaurant (e.g., on the menu), the nutrition labelling core list is to appear in the printed advertisement itself or it may appear in other tabletop printed material, such as tabletop tents. It may also be provided via material, such as posters or brochures located elsewhere in the restaurant in a prominent manner and consumers notified, in close proximity to the claim, of its availability.

It should be noted that the restaurateur is responsible for ensuring that the "General Principles" and any other requirements or policies prescribed under the authority of the Food and Drugs Act and Regulations are met. This also applies when entering into partnership agreement with organizations providing health information programs in a restaurant.

General Note: For specific food(s) involving specific nutritional claim(s):

Current requirements for nutrition claims under the Food and Drug Regulations will continue to apply. A claim for a nutrient would require the declaration of the amount of the nutrient claimed per serving of stated size to be given in the advertisement or on the label of a food if the claim is made in the advertisement; if the claim is made on the label, the information must be provided on the label. This condition applies whether or not a healthy eating claim is made. For example, "Strawberries are an excellent source of vitamin C." - vitamin C is declared as a percentage of the Recommended Daily Intake per serving; "Cod is low in fat." - fat content is provided in grams per serving.

Implementation and Evaluation

This policy is effective immediately. The application of the policy will continue to be monitored and evaluated to ascertain the effectiveness of the various vehicles for presenting the required nutrition labelling information. Organizations are encouraged to conduct surveys to assist in this evaluation process.

Nutrition Recommendations...A Call for Action, Health Canada, 1989, includes Canada's Guidelines for Healthy Eating and Nutrition Recommendations for Canadians and "Key Findings." It is available on request from:

Publications

Health Canada

Postal Locator 0913A

Ottawa, Ontario, K1A 0K9

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