When Claims Can Be Used - Essential Information

When Claims Can Be Used

Essential Information

• 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.
• 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.

• What are ‘nutrient’s and ‘other substances’?

  Nutrient means protein, carbohydrate, fat, fibre, sodium, vitamins and minerals listed 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.

• 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”).

• Comparative nutrition claim

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

• 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”).

• 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.
• 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.

• 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:

  • 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

  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).

• Nutrient Profiles

  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.