Health Claims are health and nutrition related statements made in reference to a certain product. “Vitamin C contributes to maintain the normal function of the immune system” is a common example. But Health Claims aren’t necessarily limited to written information, they can also be shown as icons, symbols or pictures on a product’s label. The European Health Claim Regulation ensures that these statements referring to a particular product are neither arbitrary nor misleading or wrong.
The Regulation entered into force on 1st July 2007 and has been valid in all member states of the European Union ever since. It regulates that health related advertising is only permissible if these statements are scientifically approved. Therefore, the EFSA (European Food Safety Authority) is in charge of examining generally accepted scientific evidence that these claims refer to. The final decision about the legitimacy is then up to the European Commission.
The Regulation not only deals with health and nutrition claims but also with statements referring to a reduction of disease risks, as well as development and health of children. All approved health claims are gathered in a EU-wide so-called “positive list”. When it comes to health claims, the following basic rule applies: if it’s not explicitly permitted, it’s forbidden.
Health claims should be considered for both product labels and marketing. It’s quite possible that these claims are subject to certain conditions, for example it’s forbidden to use a claim unless the product contains a certain minimum amount of the respective nutrient per portion. Special attention needs to be paid to the explicit wording of each claim. There a lots of things to be considered in this legal minefield.
But don’t worry if you get lost in this maze of claims. We’ve been working with these regulations for several years and like to help you create a legally safe label. Upon request, we let your artwork be evaluated for marketability by an independent institute.
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