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When Claims can be Used

When Claims can be Used

To make a health or nutrition claim about your food, you need to know the rules for making a claim.

  • The rules and what they apply to

    These rules are detailed in Regulation (EC) No. 1924/2006. Visit our Legislation section to access the full regulation and amendments.

    The Regulation covers nutrition and health claims made on all foods marketed within the European Union and includes:

    • food supplements, foods for specific groups (formerly PARNUTS), natural mineral waters and water intended for human consumption
    • foods intended for supply to restaurants, hospitals, schools, canteens and similar mass caterers
    • nutrition and health claims made in commercial communications whether in the labelling, presentation or advertising of foods to be delivered to the final consumer, including communication addressed exclusively to health professionals.
  • What about products with brand names or trade marks that could be considered as making a claim?

    A trade mark, brand name or fancy name appearing in the labelling, presentation or advertising of a food could be considered a nutrition or health claim. In this case, it can be used without undergoing authorisation, provided that it is accompanied by a related, approved nutrition or health claim in that labelling, presentation or advertising.

  • Can any claims be made on alcoholic beverages?

    Health claims are not allowed on beverages containing more than 1.2 % by volume of alcohol.

    However, nutrition claims referring to low alcohol levels, or the reduction of the alcohol content, or the reduction of the energy content for beverages containing more than 1.2 % by volume of alcohol are permitted.

  • The rules do not apply to

    Claims made in non-commercial communications, such as dietary guidelines or advice issued by public health authorities and bodies, or non-commercial communications and information in the press and in scientific publications.

  • What is a claim?

    A claim is any message or representation, which is not mandatory under Community or national legislation, including pictorial, graphic or symbolic representation, in any form, which states, suggests or implies that a food has certain characteristics.

  • Is a general statement such as 'for a healthy diet' or 'good for you' considered a health claim?

    Under Article 10 (3) reference to general non-specific benefits of the nutrient or food for overall good health or health related well-being may only be made if accompanied by a specific health claim. Therefore, these general claims are not required to be present on the list of approved claims on the condition that they are accompanied by an approved health claim.

    The Commission have adopted guidelines for the implementation of specific conditions for health claims laid down in Article 10 of Regulation (EC) No. 1924/2006 in Commission Implementing Decision 2013/63/EU.

  • Can I use the nutrition claim ‘with no added sugars’ if my product contains artificial sweeteners?

    Yes. According to the Annex of Regulation 1924/2006 the claim ‘with no added sugars’ can be used if the ‘product does not contain any added mono- or disaccharides or any other food used for sweetening purposes’. It is the opinion of the FSAI that ‘foodstuffs with sweetening properties’ refers to foods such as honey, sugars, glucose syrups, etc., but not refer to artificial sweeteners.

  • What are ‘nutrients' and ‘other substances’?

    Nutrient means protein, carbohydrate, fat, fibre, sodium, vitamins and minerals listed in the legislation on the provision of food information to consumers. This includes substances which belong to or are components of one of those categories.

    Other substance means a substance other than a nutrient that has a nutritional or physiological effect. For example, activated charcoal and green tea.

  • Health Claim

    States, suggests or implies that a relationship exists between a food category, a food or one of its constituents and health (for example, “good for bones”).

  • Are there any health claims which are never permitted?

    Yes. The following health claims are not allowed:

    • claims which suggest that health could be affected by not consuming the food;
    • claims which make reference to the rate or amount of weight loss;
    • claims which make reference to recommendations of individual doctors or health professionals; and other associations not referred to in Article 11 of the Regulation;
    • claims which imply a food can treat, cure or prevent disease.
  • General conditions for use of nutrition and health claims

    The use of nutrition and health claims are only allowed if the following conditions are met:

    1. There must be a beneficial nutritional or physiological effect (effect on functioning of the body), (shown by generally accepted scientific evidence), for the claim made.
    2. The nutrient or other substance for which the claim is made:
      is contained in the final product in a significant quantity in a quantity that will produce the effect claimed, or
      is not present or is present in a reduced quantity that will produce claimed effect
      where applicable, the nutrient or other substance for which the claim is made is in a form that is available to be used by the body
      the quantity of the product that can reasonably be expected to be consumed provides a significant quantity of the nutrient or other substance to which the claim relates, as defined in Community legislation or, where such rules do not exist, a significant quantity that will produce the nutritional or physiological effect claimed as established by generally accepted scientific evidence
    3. Compliance with the specific conditions set out for nutrition and health claims
    4. The use of nutrition and health claims are only be permitted if the average consumer can be expected to understand the beneficial effects as expressed in the claim.
    5. Nutrition and health claims must refer to the food ready for consumption according to the manufacturer's instructions.
  • Is ‘contains antioxidants’ a health claim?

    Yes. If in the naming of the 'substance' or 'category of substances' there is a description or indication of a functionality or effect on health the 'contain claim' is a health claim. In other words if the function is mentioned - even in the naming of a substance or substances - this relates to a health claim.

  • Is the term 'probiotic' a health claim?

    Yes, the term 'probiotic' is considered a health claim. Read our information on Probiotic Health Claims.

  • Specific conditions for nutrition claims

    Only approved nutrition claims can be used and they can only be used where the conditions set out for their use are met. The claims are listed in the Annex to the Regulation and are also listed on the EU Commission website.

    Examples of nutrition claims and their conditions for use:

    • “low in fat” – a claim that a food is low in fat may only be made where the product contains no more than 3 g of fat per 100 g for solids or 1.5 g of fat per 100 ml for liquids.
    • “source of fibre” – a claim that a food is a source of fibre may only be made where the product contains at least 3 g of fibre per 100 g or at least 1.5 g fibre per 100 kcal.
    • ”sugar free” – a claim that a food is sugar-free may only be made where the product contains no more than 0.5 g of sugars per 100 g or 100 ml.
  • Comparative nutrition claims

    A comparative claim is one that compares one product with another.

    • You can only make a comparison between foods of the same category, taking into consideration a range of foods of that category
    • The difference in the quantity of a nutrient and/or the energy value must be stated and the comparison must relate to the same quantity of food
    • Comparative nutrition claims must compare the composition of the food in question with a range of foods of the same category, which do not have a composition which allows them to bear a claim, including foods of other brands

    More information on comparative claims can be found in this EU guidance document on claims.

  • Is the term ‘gluten free’ a health claim?

    No. Rules for use of the term 'gluten-free' are set out in other legislation.

  • Is the claim ‘no artificial colours or preservatives’ covered under this legislation?

    No. Labelling of additives is mandatory under appropriate EU legislation and would not therefore be classed as a nutrition and/or health claim.

  • Specific conditions for health claims

    Health claims are only allowed if the following information is included in the labelling, or if there is no label, in the presentation and advertising:

    Reference to general, non-specific benefits of the nutrient or food for overall good health or health-related well-being may only be made if accompanied by a specific approved health claim (See our section on Wording of Health Claims for more information on this).

    • A statement indicating the importance of a varied and balanced diet and a healthy lifestyle
    • The quantity of the food and pattern of consumption required to obtain the claimed beneficial effect
    • Where appropriate, a statement addressed to persons who should avoid using the food; and
    • An appropriate warning for products that are likely to present a health risk if consumed to excess
  • Comparative nutrition claim

    This is where you are making a claim comparing one food to another. For example, “reduced fat”“50 % less sugar”.

  • Can any food business operator (FBO) use the health claims from the Community list of health claims?

    Yes, any FBO can use a health claim from the approved list provided they meet the conditions for the use of such a claim.

  • Nutrition Claim

    States, suggests or implies that a food has certain beneficial nutritional properties due to the energy, nutrients or other substances provided, not provided or provided in reduced/increased amounts (for example, “low in fat”“high in fibre”).

  • Can I use the nutrition claim ‘free from trans-fat’?

    No. The Annex of permitted nutrition claims does not include this claim.

  • Nutrient Claims

    In most cases, consumers perceive products carrying certain claims to be better for their health and wellbeing. However, at present, a food which is high in fat, salt and/or sugar, can still use claims such as “rich in vitamin C” or “high in fibre” to attract consumers.

    This legislation was due to tie the use of health or nutrition claims to certain conditions related to the nutrient profiles (i.e., level of fat, sugar, salt, etc.) of foods.

    These nutrient profiles were to be established by the Commission by 19th January 2009 and to be based on the scientific opinion of the European Food Safety Authority (EFSA). However, to date, nutrient profiles have not been established.

  • Further Information