NEODA's Advice on making claims about nutrition
IN SUMMARY:-
The following claims cannot be made:-
The following claims can be made:-
Furthermore, if a claim is made, a nutritional panel made up of either the big 4 (energy, protein, carbs and fat) or big and little 4 (energy, protein, carbs (of which x sugars), fat (of which x saturates), fibre, sodium) must be shown.
FURTHER DETAILS:-
The NEODA Labelling Code was issued in 1997 following the introduction of the Food Labelling Regulations 1996. Since then, MAFF issued further guidance in 1999 incorporating recommendations made by the Food Advisory Committee. In order to clarify the situation, I have outlined below NEODA's advice on making nutrition claims for oils and fats.
Whilst Government guidelines do not state explicitly that the nutrition values forming the basis of a claim pertain to foodstuffs as consumed or as sold, these guidelines are issued with the aim of achieving consistent labelling and use of claims on prepackaged foods. They are produced on the basis of the general food labelling requirements, which refer to the food product sold to the ultimate consumer. This principle would still apply to foods that are commonly used as ingredients, such as a bottle of oil. Accordingly, the guidance is intended primarily for application to foods sold in prepackaged form to the ultimate consumer, including a bottle of oil.
1. HIGH IN POLYUNSATURATED FAT
The latest update to the EC Food Labelling legislation (Third Edition 1993 updated to April 2002) does not make reference to "high in polyunsaturates" or "high in monounsaturates" claims. The FSA (formerly MAFF) guidelines issued in November 1999 similarly do not specify restriction on the use of these claims.
In the absence of direct legislation or guidelines, members are reminded of the general requirements of the Food Safety Act 1990 i.e. that labelling must not be misleading. In this respect, NEODA's advice is to continue to adopt a minimum level of 45% of polyunsaturates/monounsaturates when making a claim.
2. LOW IN SATURATES OR LOW IN SATURATED FAT
As detailed in the FSA guidelines November 1999, in order to make a "low in saturates" claim, the following must apply:-
i. Product must contain no more than 1.5g per 100g saturates for solids or per 100ml for liquids and should not make up more than 10% of the total energy of the product.
In short, it is no longer possible to make a "low in saturates" claim for any oil or fat currently produced.
3. CHOLESTEROL CLAIMS
Cholesterol claims are controlled by specific legislation in Schedule 6 of the Food Labelling Regulations 1996, as amended. Members should note however that the European Commission is in the process of producing proposed EC Regulations on nutrition, functional and health claims and that the draft proposal issued in June includes criteria for making nutrition claims for cholesterol which are tighter than those listed below:-
Subject to condition iii the food must contain no more than 0.005 per cent of cholesterol (equal to 5mg/100g)
FSA advice is that since dietary cholesterol is not a major factor in coronary heart disease and that there is a danger of confusion with blood cholesterol levels, 'low cholesterol' and 'cholesterol free' claims should not be made.
Members are reminded that whilst nutritional information may be given on a voluntary basis, it becomes compulsory when a nutrition related claim is made on the labelling, in presentation or in advertising. Any voluntary listing of saturates or any claim made relating to saturates makes it necessary to list all eight nutrients given in group 2.
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Group 1 Energy Value Protein Carbohydrate Fat |
Group 2 Energy Value Protein Carbohydrate Sugars Fat Saturates Fibre Sodium |
This advice has been endorsed by LACORS, the Local Authorities Coordinators of Regulatory Services.