WHAT IS A NUTRITION CLAIM?
“Nutrition claim” means any claim that states, implies or gives the impression that a food has particular nutritional properties due to its:
(a) energy (energy value), which it
· provides;
· provides in reduced or increased quantities; or
· does not provide; or
(b) nutrients or other substances[1], which it
· contains;
· contains in reduced or increased amounts;
· does not contain.
WHAT IS A CLAIM?
NOTE! A claim means 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 particular characteristics.
CLEAR NUTRITION CLAIMS
The use of nutrition claims is only permitted if the average consumer can be expected to understand the beneficial effects as expressed in the claim.
Nutrition claims must not:
- be false, ambiguous or misleading;
- give rise to doubt about the safety or nutritional adequacy of other foods;
- encourage or condone excess consumption of a food;
- state, suggest or imply that a balanced and varied diet cannot provide appropriate quantities of nutrients in general (not including derogations adopted in accordance with the procedure referred to in Article 24(2) of Regulation No 1924/2006);
- refer to changes in bodily functions which could give rise to or exploit fear in the consumer, either textually or through pictorial, graphic or symbolic representations.
CONDITIONS FOR THE USE OF NUTRITION CLAIMS
The use of nutrition claims is only permitted when the following conditions are met:
a) the presence, absence or reduced content in a food or category of food of a nutrient or other substance in respect of which the claim is made has been shown to have a beneficial nutritional or physiological effect, as established by generally accepted scientific data;
b) the nutrient or other substance for which the claim is made:
· is contained in the final product in a significant quantity as defined in Community legislation or, where such rules do not exist, in a quantity that will produce the nutritional or physiological effect claimed as established by generally accepted scientific data;
· is not present or is present in a reduced quantity that will produce the nutritional or physiological effect claimed as established by generally accepted scientific data;
c) 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;
d) 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 data;
e) compliance with the specific conditions set out in Chapter III of Regulation No 1924/2006.
NUTRITION CLAIMS AND ALCOHOL
Beverages with an alcohol content of more than 1.2% by volume may not bear nutrition claims, with the exception of those referring to reduced alcohol content or reduced energy value.
EXAMPLES OF NUTRITION CLAIMS
A list of individual nutrition claims can be found in the Annex to Regulation 1924/2006. These include the following:
LOW ENERGY
A claim that a food is low in energy, and any claim likely to have the same meaning for the consumer, may only be made where the product does not contain more than 40 kcal (170 kJ)/100 g for solids or more than 20 kcal (80 kJ)/100 ml for liquids. For table-top sweeteners, the limit of 4 kcal (17 kJ)/portion, with equivalent sweetening properties to 6 g of sucrose (approximately 1 teaspoon of sucrose), applies.
SUGARS-FREE
A claim that a food does not contain sugars, and any claim likely to have the same meaning for the consumer, may only be made where the product contains no more than 0.5 g of sugars per 100 g or 100 ml.
WITH NO ADDED SUGARS
A claim that sugars have not been added to a food, and any claim likely to have the same meaning for the consumer, may only be made where the product does not contain any added mono- or disaccharides or any other food used for its sweetening properties. If sugars are naturally present in the food, the following indication should also appear on the label: “CONTAINS NATURALLY OCCURRING SUGARS”.
EXAMPLES OF NUTRITION CLAIMS
SOURCE OF FIBRE
A claim that a food is a source of fibre, and any claim likely to have the same meaning for the consumer, may only be made where the product contains at least 3 g of fibre per 100 g or at least 1.5 g of fibre per 100 kcal.
LIGHT / LITE
A claim that a product is ‘light’, and any claim likely to have the same meaning for the consumer, shall follow the same conditions as those set for the term ‘reduced’; the claim shall also be accompanied by an indication of the characteristic(s) which make the food ‘light’ or ‘lite’.
NATURALLY / NATURAL
Where a food meets the condition(s) laid down in this Annex for the use of a nutrition claim, the term ‘naturally/ natural; may be used in addition to the claim.
[1] “other substance” means a substance other than a nutrient that has a nutritional or physiological effect
Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods