Food and Drug Regulations (C.R.C., c. 870)

Regulations are current to 2013-06-10 and last amended on 2013-05-31. Previous Versions

[B.01.514 to B.01.599 reserved]

Health Claims

Languages

 A statement or claim set out in column 1 of the table following section B.01.603 that appears on the label of a food shall be

  • (a) in English and French; or

  • (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

  • SOR/2003-11, s. 20.

Statements or Claims

  •  (1) A food with a label or advertisement that carries a statement or claim set out in column 1 of the table following section B.01.603 is exempt from the provisions of the Act and its Regulations with respect to drugs, and from subsections 3(1) and (2) of the Act, if

    • (a) the food meets the applicable conditions set out in column 2;

    • (b) the label of or the advertisement for the food meets the applicable conditions set out in column 3; and

    • (c) the food is not

      • (i) intended solely for children under two years of age, or

      • (ii) a food represented for use in a very low energy diet.

  • (2) Subsection (1) does not apply to a food that comes within the definition of “drug” as defined in section 2 of the Act for a reason other than the fact that its label or advertisement carries a statement or claim referred to in that subsection.

  • (3) Subsection (1) applies even if the word “graisses” in the French version of the statement or claim is replaced by the word “lipides”.

  • SOR/2003-11, s. 20.
  •  (1) The information required under the conditions set out in column 3 of the table following section B.01.603 that appears in an advertisement for a food that is not a prepackaged product, or in an advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, shall,

    • (a) in the case of an advertisement, other than a radio or television advertisement, be

      • (i) adjacent to, without any intervening printed, written or graphic material, the statement or claim set out in column 1, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once, and

      • (ii) shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once;

    • (b) in the case of a radio advertisement or the audio portion of a television advertisement, immediately precede or follow the statement or claim set out in column 1; or

    • (c) in the case of a television advertisement, be communicated

      • (i) in the audio mode, if the statement or claim set out in column 1 is made only in the audio portion of the advertisement or in both the audio and visual portions, or

      • (ii) in the audio or visual mode, if the statement or claim set out in column 1 is made only in the visual portion of the advertisement.

  • (2) The information that is communicated in the visual mode of a television advertisement in accordance with subparagraph (1)(c)(ii) shall

    • (a) appear concurrently with and for at least the same amount of time as the statement or claim;

    • (b) be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and

    • (c) be shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

  • SOR/2003-11, s. 20.