Nutrition, Health and Related Claims

In December 2003, the Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) agreed to a new policy for Nutrition, Health and Related Claims. The policy has provided guidance to Food Standards Australia New Zealand (FSANZ) in the development of a new standard on label claims for inclusion in the Food Standards Code.

At present, nutrient content claims are allowed (e.g.‘this food is high in fibre’), as are some health maintenance claims. However, there is a prohibition on other types of health claims, with the exception of claims about the benefit of maternal consumption of folate, to reduce the risk of fetal neural tube defects.

The Policy Guideline proposed a significant and positive change for the food industry, with a wide range of claims permitted and providing incentive for innovation. Safeguards on the use of these claims will be introduced to ensure that consumers are able to make informed and healthy choices while preventing misleading claims.

The Claims Classification Framework sets out criteria for three types of claims: nutrition content claims, general level health claims and high level health claims.   The level of a claim determines how the claim is regulated, including the evidence required for substantiation.  

• Nutrition content claims are statements regarding the amount of a nutrient, energy or a biologically active substance in the food. Manufacturers must have proof that the nutrient, substance or property that is the subject of the claim is present at levels referred to in the claim.
  
• General level health claims can refer to the presence of a nutrient or substance in a food and to its effect on a health function.   A general level health claim cannot refer to a serious disease or condition or to an indicator of a serious disease (e.g. blood cholesterol).   Manufacturers must use either the FSANZ Model List of pre-approved statements, provide suitable scientific texts or dietary guidelines to support the claim, or must hold scientific evidence to substantiate such claims and produce this evidence, on request, for enforcement agencies.
  
• High-level health claims are those claims that make reference to a serious disease or biomarker and will need to be pre-approved by FSANZ, with approved claims being listed in the standard.

Consumer and industry confidence in the framework will be assured by building in a number of safeguards to ensure that all claims are true, scientifically substantiated and not misleading. These include, for example, requirements that:

• Foods allowed to carry claims meet certain eligibility criteria
• Claims meet substantiation criteria that determine the evidence required for a proposed claim
• Claims are made in the context of the total diet

A ‘watchdog’ under the auspice of the Ministerial Council will monitor compliance with the new arrangements.

To view the Nutrition, Health and Related Claims Policy Guideline, visit:  www.foodsecretariat.health.gov.au

Like all standard development work conducted by FSANZ, the development of a standard for health, nutrition and related claims for inclusion in the Food Standards Code  is an open process involving extensive public consultation, close liaison with key stakeholders and expert advisers.   An external Scientific Advisory Group was responsible for the development of the Substantiation Framework for Nutrition, Health and Related Claims.  In addition, valuable feedback has been received from the Standard Development Advisory Committee for health claims, which included representatives from consumer groups, health professionals, enforcement agencies and the food industry.

The first round of public consultation for the Initial Assessment Report for P293 - Nutrition, Health and Related Claims was held in 2004, and in 2005 the Draft Assessment Report was made available for public consultation. Submissions to the Draft Assessment Report highlighted a number of critical issues that required further consideration.   In response, FSANZ prepared a third public consultation document, the Preliminary Final Assessment Report.   The consultation period for this Assessment Report closed on 16 May 2007.   FSANZ is reviewing stakeholder comments that were received and intends to conduct further targeted consultation on the few specific issues that remain.    It is anticipated the final recommendations on health claims will be ready for consideration by the Ministerial Council in May 2008. To stay updated on the development of the Standard, including participation in the consultative process, visit the FSANZ website. Useful links: