Trusting nutrition and health claims

Abstract

Lewis Wallis and Helen Arrowsmith of Campden BRI outline the importance of clear labelling when making nutrition and health claims to empower consumers’ informed choices amid regulatory complexities.

Have you ever seen a claim on a food or drink product label that has swayed your purchasing decision? We are constantly faced with claims of various kinds used to promote products whenever we enter a supermarket, shop for products online, or see them promoted on TV and in social media advertisements. You may have even questioned whether such claims are truthful and accurate or are simply just marketing text used to influence your choice. But is a product claiming to be a ‘source of fibre’ really going to make a difference to your diet? And does the yogurt you eat actually ‘support your gut health’? The good news is that claims relating to nutrition and health are strictly regulated in many countries worldwide, including the UK and EU. This article explores whether you can trust the claims you read and describes the conditions that need to be met if products are to use them.

A claim can be any ‘message’ or ‘representation’ that manufacturers use to suggest that a food has particular characteristics and include the use of both text (e.g. gluten-free, apple flavour, low fat) and imagery (e.g. pictures, graphics and symbols). For example, a product could claim it was ‘vegan’ on the label whilst another may use an image of the gut which could imply that the product has a positive effect on gut health. Not all claims have strict requirements that need to be followed, and in these cases, whether the claim is permitted comes down to if it is considered misleading under relevant legislation. However, there are specific types of claims, including nutrition and health claims, that have to meet set criteria before being used for a product. But firstly, what exactly do we mean by nutrition and health claims?

■ For nutrition claims, the clue is in the name – these relate to a specific nutrient (e.g. fat, sugar, protein, fibre) and suggest a beneficial effect (e.g. low fat, sugar-free, source of protein, high fibre)

■ For health claims, these go one step further – they make a statement that connects a nutrient/food with a positive effect on health (e.g. vitamin D contributes to the normal function of the immune system; plant sterols contribute to the maintenance of normal blood cholesterol levels)

In 2016, a five-country study in Europe (including the UK) found that out of 2034 food and drinks sampled, 26% had at least one claim; of which, 64% were nutrition claims, and 29% were health claims⁽¹⁾. Of the claims, 40% related to processes involved in breaking down food, converting it to energy, and regulating the body's internal environment. Among the five countries studied the UK had the highest proportion of products with at least one claim (35%).

A study published earlier this year reviewed the prevalence and compliance of products bearing claims online in Great Britain for dairy and alternatives, fruit juices and teas.

In total, 28% of products displayed health claims, although not all claims (6-10%) displayed were compliant with the relevant legislation that is in place to regulate their use⁽²⁾.

It had been the intention of the European Commission to develop legislation to regulate nutrition and health claims since 2000; the proposal for a Regulation was however not introduced until 2003. Following further development, the legislation (Regulation (EC) No 1924/2006) entered into force in 2006. Since then, consumers have been protected from misleading nutrition and health claims that now need to undergo authorisation and be substantiated with scientific evidence before they can be used. The law applies to claims made in any ‘commercial communications’, including labelling and advertising presented to the final consumer, such as through magazines, posters, TV, and social media platforms.

The legislation aimed to increase consumer trust and confidence in product claims by setting standardised criteria and an authorisation procedure based on scientific data.

Using an example from the list of permitted nutrition claims in Figure 1, where a food claims to be a ‘source of fibre’ (nutrition claim), the legislation requires that the product must contain at least 3g of fibre per 100g or at least 1.5g per 100kcal. Such legislated thresholds mean you can be confident that your food or drink contains enough fibre to meet the criteria.

Does this mean that if you don’t eat 100g of the product, it would only make a small contribution to your fibre intake? Not entirely, as there is a provision in the legislation which states that the claim criteria should be met in the quantity of a product that can ‘reasonably be expected to be consumed’. This means that for products with a portion size of 30g, there should be at least 3g of fibre per portion. However, to meet the UK Government Dietary Recommendation of 30g of fibre per day, this would need to be complemented with other fibre sources in the diet.

With nutrition claims, only those covered in the Annex of the Regulation (EC) No 1924/2006 can be used (Figure 1) and the product must meet the conditions of the claim. Any other nutrition claims that are not listed (e.g. low carb) are not permitted.

For health claims, when the legislation was implemented, a procedure was set up, meaning every claim had to be substantiated and authorised before it could be used on product labels and in advertising. This process led to many applications and the subsequent authorisation of nearly 300 claims that can now be used, providing that the specific conditions of the claim are met. Ultimately, in the interest of consumer protection, only authorised claims can be used and must be based on generally accepted scientific evidence. For the EU and in GB, since EU-exit each region has a register of authorised nutrition and health claims that can be used on products that meet the accompanying criteria.

Certain claims were banned from the get-go, including those that suggest that your health could be affected by not consuming the food (e.g. ‘you won’t be able to meet your recommended fibre intake without this product’) or make reference to the rate or amount of weight loss. In addition, claims that make recommendations from individual doctors or nutrition/health professionals are restricted, although there is nothing to stop recommendations made by other individuals (e.g. celebrities, influencers) who are not nutrition/health professionals.

You will notice that the wording of the health claims may not always be the most consumer-friendly (e.g. dried plums/prunes contribute to normal bowel function). There is guidance available that provides some general principles on the flexibility of wording for health claims but states that the claim should not be made ‘stronger’ than the authorised claim. As such, health claims used should convey the same meaning to the consumer irrespective of the terminology used. Therefore, where claims use the word ‘contributes’, this may be replaced with synonyms such as ‘supports’ or ‘plays a role’, but the terms ‘stimulates’ or ‘optimises’ would be considered ‘strengthening’ the claim and therefore non-compliant.

The legislation permits the use of general ‘non-specific’ claims, as long as they are still related to a beneficial effect and are accompanied by a specific claim authorised for a relevant food/nutrient.

For example, a claim such as ‘helps you feel good in the morning’ would be categorised as a general claim but could be accompanied by ‘iron contributes to the reduction of tiredness and fatigue’, if the iron content of the product meets the conditions of the claim.

We know that strict criteria must be met to make a nutrition and health claim, but can all products make them as long as they meet the conditions? The legislation contains provisions that protect consumers against manufacturers using these claims in a misleading way, but there are few restrictions as to what type of products can make use of nutrition and health claims. In effect, this means that your favourite chocolate biscuit can still claim to be a ‘source of fibre’, providing its use of the claim is not considered misleading and it meets the requirements to make such a claim.

During the development of the legislation, the concept of ‘nutrient profiles’ was introduced to restrict ‘unhealthy’ products from using nutrition and health claims. This would have meant setting nutrient criteria (e.g. relating to amounts of fat, saturated fat, salt, sugar) above which a product could not make a claim. Yet, since no thresholds have been established to date, most products can continue to use nutrition and health claims. The lack of nutrient profiles was highlighted as an issue by a 2020 evaluation of the legislation and may be revisited as a concept when setting future EU policy aimed at protecting consumer health⁽⁴⁾.

The only product category that faces an explicit restriction is that of alcoholic drinks and the types of nutrition claim that can be made is very limited. Nutrition claims are only acceptable if they refer to low-alcohol levels, the reduction of the alcohol content, or the reduction of energy content.

The legislation was developed at a time before the rise of social media platforms and ‘influencer’ marketing (i.e. a strategy where brands collaborate with individuals who have a large following on social media to promote their products). Even so, the legislation applies to all ‘commercial communications’ and still includes posts made on online platforms.

As mentioned, nutrition/health professionals are restricted from endorsing products in commercial communications. However, the legislation does not consider, for example, ‘influencers’ and ‘celebrities’ that promote products on social media platforms, where these are not nutrition/health professionals. It has been argued that consumers could be better protected by allowing nutrition/health professionals to communicate product claims, rather than by individuals who are not qualified, but this would require an update to the legislation and/or published guidance⁽⁵⁾.

Food business operators need to navigate nutrition and health claims legislation carefully and enforcement sanctions apply where the legislation is not complied with, which should provide reassurance to consumers that where such claims are made, they must comply with the relevant law. The use of unauthorised claims can result in an enforcement challenge and damage to consumer trust. In the UK and EU, nutrition and health claims are not just marketing strategies but must meet conditions laid down by legislation. These claims are prevalent in both markets and as such, the regulatory framework in place aims to protect consumers from being misled. Despite these regulatory measures, there's an acknowledgment that consumer engagement with these claims is influenced by various factors, including price and quality over informational content.