Implementation Subcommittee for Food Regulation

Nutrition and Health Claims Implementation Working Group Update

Review of industry guidance material

The review of the industry guidance material, ‘Getting your claims right – A guide to complying with the Nutrition, Health and Related Claims Standard of the Australia New Zealand Food Standards Code’ is nearing completion. The document has been revised to address changes to Standard 1.2.7 as a result of the Code revision; incorporate amendments to Standard 1.2.7 as a result of applications and proposals completed during the transition period; correct minor errors identified in the original document; and simplify the language used in the document where possible.

This work is on track to be completed by the end of 2016 and the revised document published in early 2017.

Complaints received by jurisdictions in relation to Standard 1.2.7

In the most recent reporting period (1 January – 30 June 2016), the complaints related to nutrition content claims and health claims in similar numbers, with fewer complaints relating to therapeutic claims.

The largest single food category for which complaints were received was non-alcoholic beverages. A large number of complaints have also been received about honey products. Remaining complaints have been spread across a range of other food categories including fruit and vegetables and their products, egg and egg products, milk and milk products, bread and bakery products, confectionery, alcoholic beverages, sports foods, oils, formulated supplementary foods and meal replacements, prepared meal products, and electrolyte beverages.

The nature of breaches associated with complaints received in the most recent reporting period included:

  • Nutrition content claim is made about a property not listed in the schedule or the conditions for making the claim are not met.
  • Nutrition Information Panel requirements for nutrition content claims are not met.
  • Product does not meet the Nutrient Profiling Scoring Criteria requirements to carry a claim.
  • Claim or endorsement refers to the prevention, diagnosis, cure or alleviation of disease, disorder or condition.
  • Claim is made on a product which is not permitted to have claims made about it (e.g. infant formula).
  • Dietary context statement is not provided.
  • Conditions for making a comparative claim not met.
  • High level health claim not based on a food-health relationship.
  • Dossier for self-substantiated General-Level Health Claim may not be adequate.

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