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Permitted Claims

Permitted Claims

Access the legislation in detail.

  • What is a claim?

    A claim is defined as any message or representation, which is not mandatory under Community or National Legislation, including pictorial, graphic or symbolic representation, in any form, which states, suggests or implies that a food has certain characteristics. 

  • Nutrition Claims

    'Nutrition claim' means any claim which states, suggests or implies that a food has particular beneficial nutritional properties due to: 

    1. The energy (calorific value) it: provides, provides at a reduced or increased rate or does not provide. 
    2. The nutrients or other substances it: contains, contains in reduced or increased proportions or does not contain.

    The most up to date list of nutrition claims is on the European Commission's website. These claims can be used where the conditions for use set out for each claim are met and the general principles of the legislation are followed.

    An example of a nutrition claim is: “Source of vitamin C”. 

  • Comparative Claims

    Comparative claims are claims made between foods of the same category and must compare the food with a range of foods in that category, which do not have a composition which allows them to bear a claim, including foods of other brands. Comparative claims must relate to the same quantity of food and the difference in the quantity of a nutrient and/or the energy value must be stated.

  • Health Claims

    A health claim is any statement about a relationship between food and health and refers to the role a nutrient has in the body. 

    An example of a health claim is: “Vitamin C contributes to the normal function of the immune system".

    There are 3 different types of health claims.
     

  • Article 13 Health Claims

    These so called ‘Functional claims’ are health claims describing or referring:

    a.    to the role of a nutrient or other substance in growth, development, and the functions of the body; or
    b.    to psychological and behavioural functions; or
    c.    without prejudice to Directive 96/8/EC, slimming or weight control or reduction in the sense of hunger or an increase in the sense of satiety or to the reduction of the available energy from the diet.

  • Article 13(5) Health Claims

    These are health claims based on newly developed scientific evidence and/or applications which include a request for the protection of proprietary data.

    Any food business wishing to add a health claim, based on newly developed scientific evidence and/or which includes a request for protection of proprietary data, to the Community list of permitted claims, may apply for inclusion of the claim in that list.

  • Article 14 claims

    Claims under Article 14 of the EC Regulation on nutrition and health claims refer to the reduction of disease risk or to children's development or health.

  • Article 14(1) - A Reduction of disease risk

    Article 14(1)(a) claims, the so-called 'Risk Reduction Claims' on reducing a risk factor in the development of a disease. 

    The Regulation defines reduction of disease risk claims as ‘any health claim that states, suggests or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease.'

    The prohibition in Article 7(3) of Regulation (EU) No. 1169/2011, which prevents labelling from attributing to any foodstuff the property of preventing, treating or curing a human disease, or referring to such properties, also applies

    Example: "Plant stanol esters have been shown to reduce blood cholesterol. Blood cholesterol is a risk factor in the development of coronary heart disease" 

  • Article 14(1)(b) Health Claims referring to children's development

    Claims under Article 14 of the EC Regulation on nutrition and health claims refer to the reduction of disease risk or to children's development or health

    The term "children” is not defined in this legislation, but should be understood as reaching the end of the growth period. An indicative age limit of 18 years can be mentioned, but this indication does not intend to define children in the frame of the Regulation.

    Article 14.1(b) ‘children’s claims’ should only be used on products exclusively targeting children. Health claims which do not fall under article 14.1(b) should not be used on products targeting children.

    According to the Guidance on the implementation of Regulation 1924/2006 on nutrition and health claims made on foods the following claims should be considered as Article 14 claims:

    • Health claims solely referring to the development and health of children, and where the scientific substantiation is only valid for children. In this case, the scientific substantiation consists of data obtained on studies conducted with children. Example: "calcium is good for children’s growth".
    • Health claims used on products intended exclusively to children, like follow on formulae, processed cereal-based foods and baby foods. 

    Example: "Vitamin D is needed for the normal growth and development of bone in children.”

  • General Health Claims

    General claims reference nonspecific benefits of the nutrient. These claims can be used providing they are accompanied by a specific approved health claim.

  • Conditions of Use

    Nutrition claims and their conditions of use can be found of the EU Commission website.

    Health claims and their conditions of use are highlighted on the EU Register.

    There are also specific conditions needed to be included on the label or advertisement for health claims, as follows:

    • a statement indicating the importance of a varied and balanced diet, 
    • the quantity of the food and a pattern of consumption required to obtain the claimed beneficial effect, 
    • where appropriate, a statement addressed to persons who should avoid using the food and an appropriate warning for products that are likely to present a health risk if consumed in excess.

    Further information can be found at the Commission Implementing Decision adopting guidelines for the implementation of specific conditions for health claims laid down in Article 10 of Regulation (EC) No 1924/2006 No (2013/63/EU).

    It is important to remember that health claims can only be made for the nutrient/ingredient they refer to and not for the food product itself. See our information on Wording of a Health Claim for more detail on this.

  • On-Hold Claims

    A number of Article 13 claims have yet to be evaluated (including claims on botanicals) and these are effectively ‘on-hold’. Since 14 December 2012, only those claims which are either permitted or ‘on – hold’ are legal for use on foods.

    ‘On hold’ health claims are claims which have been submitted to EFSA but have not yet completed the EFSA review process, or for which the EU Commission have not reached a decision regarding the claim’s authorisation status. On hold health claims are permitted for use under transitional measures set out in article 28(5) of Regulation (EC) No 1924/2006 on nutrition and health claims made on foods. This means the claim can be used until the European Commission have reached a decision regarding the claim’s authorisation status. The majority of ‘on hold’ health claims relate to botanicals (plants/herbs), caffeine and children’s health and development.

    ‘On hold’ health claims must comply with the general principles and conditions of Regulation (EC) 1924/2006 which are outlined in the legislation preamble, Article 3 and 5. 

    On hold claims must; Comply with conditions of use; Be understood by the consumer; Present/absent in an effective amount; Refer to food as ready for consumption; Not give rise to doubt or fear; Not condone excess consumption; Not be false/misleading; Not suggest...prevent/cure/treat disease; Not imply a balanced diet is inadequate.

  • Where to find claims and who can use them:

    The EU nutrition and health claims Register lists all permitted nutrition claims and all authorised and non-authorised health claims. Commission Regulation (EU) No. 432/2012 establishes a list of permitted Article 13, 14.1 (a) and 14.1 (b) claims.

    The EU register provides detailed information on the exact substance in question, the claim itself, the conditions of use and any warnings/ restrictions to go with the claim. Any food business can use the authorised claims them once they meet all conditions of use and comply with the regulation. 

    The only exception is claims where protection of proprietary data has been granted. These claims can only be used by the applicant until the date specified, which is usually a period of 5 years. These will not appear under the main register. They can be viewed on the Register in a separate area.