When a company is preparing to launch a food or drink product, they want it to launch on the market in all its glory putting its 'best foot forward'.
Nutrition and Health Claims are a voluntary way to showcase a product and a specific aspect that a consumer would benefit from, or enjoy. We will specifically be looking at Nutrition and Health Claims and some common questions we get asked about them.
1. Do I need to make any claims on my labelling?
No, Nutrition and Health Claims are not mandatory and do not need to be applied to labelling.
If you choose to add a claim, it will be on a voluntary basis. There are clear legal frameworks in place to provide guidance and consistency across the industry when you choose to make a claim, and how you assess criteria to see if your product qualifies to make a claim.
2. What claims can I make?
There are specific resources you need to refer to for determining what information to add to your labelling.
1. EC 1924/ 2006 Nutrition and Health Claims made on Foods
2. EU Register of Nutrition and Health Claims made on Foods.
1. Nutrition Claims
Nutrition claims can only be applied to your product if they one of the 30 that are listed in the Annex of EC 1924/ 2006 Nutrition and Health Claims made on Foods .
The Nutrition Claims focus on the nutrient profile of your product. An example of one of the claims is "SOURCE OF FIBRE".
2. Nutrition and Health Claims
Nutrition and Health Claims can only be applied to your product if they are 'authorised' or 'on hold' on the EU register of nutrition and health claims made on foods.
Article 13(1) on hold claims can be used if you hold evidence to scientifically substantiate the claim. You can continue to use the claim until a decision is made regarding the claims status. If a decision is made where the claim will have 'Non- authorised status- you will have until the end of the transition period to remove the claim.
Nutrition and Health Claims focus on the nutrient profile as well as the health benefits that it provides to the consumer. A statement referring to the health benefits can be applied eg "Biotin contributes to normal energy-yielding metabolism", but you must check your product meets the nutrient criteria as well as applying the claim using guidance from the EU Register regarding how to phrase your claims. There are also additional mandatory statements which need to be applied when Nutrition and Health Claims are made.
3. What information should I use to check if my product meets the requirements to make a specific claim?
Your claims should be based on the most reliable source of information for your product.
Analysed results of nutrition data of your product are more accurate than theoretical information.
This is because the analysed results are based on tests carried out in a laboratory using your actual product samples, whereas theoretical information is based on average nutrition sets of data for a specific food. You may not always find the perfect nutrition match for your ingredients in a theoretical database but it will give you a good indication of the nutrition profile for your final product.
Theoretical sources include information from the USDA or McCance and Widowsons.
This doesn't mean you can't base your claims on theoretical information, but you will get a more clearer and accurate picture from analysed results. Another factor that determines if you use analysed results as the basis for determining your nutrition and health claims will be based on what your Customer Codes of Practice state. Check with your Retailers Codes of Practice to determine what is acceptable for your product type.
4. Why can't I make that claim, my competitors do?
Competitors make claims on their products and are liable for claims that they make. This means its their responsibility to make sure their claims are compliant with legal requirements in place. Staying within the legal requirements is a safer choice for your product and brand than taking a risk to keep pace with your competitors.
The risk you take may come in the form of damage to your brand which may impact sales, or paying out to change your labels before you next print run was due, the cost of throwing away labels you cannot use.
5. When is the best time to review a claim I want to make?
If you spot an issue that puts your brand at risk then you need to assess the cost of that potential risk against the cost of making the change and make a decision about how quickly the change can be made. The cost of label changes is not as costly as potential loss of sales, or disruption to sales, or repairing damage to your brand if a risk is not managed well.
6. Can I review the claims myself?
If you have the knowledge and tools to assess the nutrition information and apply the claims keeping all the legal requirements in mind then there is no reason why you can't review and apply claims to your products.
But if you are uncertain about what is involved and would like to be able to assess your claims going forward then we can equip you with the knowledge and tools to do that.
If you would like to be trained with the knowledge and receive tools on
● how to identify suitable claims
● how to assess if your product meets the nutrient criteria for a claim
● how to apply nutrient claims to your labelling
● how to identify and apply EU Nutrition and Health Claims
● how to identify and apply additional statements required for Nutrition and Health Claims
Register for our training course on How to Locate and Apply EU Nutrition and Health Claims.
7. Can you check my product and tell me what claims I can apply to my product?
Yes, we provide support for businesses that would like their products or product ranges to be reviewed and can advise on the claims you can make for your product(s). Email for more information.