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NAVIGATING THE RULES ON HEALTH CLAIMSFood Regulations and Labelling

Standards Conference 2015

Presenter:

Fran WheelahanPartner

Corrs Chambers Westgarth

13957069/129 July 2015

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STANDARD 1.2.7

YOU CAN NOW MAKE HEALTH CLAIMS ABOUT FOOD.BUT A DETAILED REGULATORY REGIME APPLIES

29 July 2015NAVIGATING THE RULES ON HEALTH CLAIMS

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THE TRANSITION

Transitional

Standard 1.1A.2

• Generally prohibits

health claims.

• Prohibition on use of

word “health” (or

similar) as part of or

in conjunction with

name of food.

Standard 1.2.7

• Mandatory from

18 January 2016.

• Allows broader

claims to be made in

relation to the link

between food and

health.

Transitional

Period

• Commenced

January 2013.

• No allowance for

stock in trade after

18 January 2016.

• Businesses can

transition to new

Standard 1.2.7 at

any time.

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REGULATED CLAIMSStandard 1.2.7 regulates two kinds of claims

Nutrition

Content Claims

Claims about the

presence or absence

of certain nutrients or

substances in food

“no added salt”

“low cholesterol”

Health claimsClaims which state, suggest or imply that a

food, or a property of food has (or may

have) a health effect

GENERAL LEVEL

Health claims that are

not “high level” heath

claims

“contains calcium, which is

good for bones and teeth”

HIGH LEVEL

Health claims that refer

to a serious disease or

a biomarker of a serious

disease

“a diet low in salt reduces

blood pressure”

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DON’T FORGET...

• Compliance with the Australian Consumer Law

– s 29 prohibition against false representations (including as to

performance characteristics, benefits, quality etc)

– s18 prohibition against misleading or deceptive conduct

• Compliance with endorsing body requirements

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WHICH COMPLIES WITH STANDARD 1.2.7

Establish a food-health relationship

HOW TO MAKE A HEALTH CLAIM

Check your food against the Nutrient

Profile Score Criterion

Check any conditions and exemptions

1

2

3

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NUTRIENT PROFILING SCORE CRITERION

Based on:

energy, saturated fat,

sugar and sodium

compared to

protein, dietary fibre,

fruit, vegetables, nuts

and legumes

NPSC calculates a

score for a food.

Health claims

cannot be made in

relation to foods

which are high in

saturated fat,

sugar or salt.

Calculator

available online.

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FOOD-HEALTH RELATIONSHIP

For high level

health claims see

Schedule 2

13 pre-approved food-

health relationships.

For general health

claims see

Schedule 3

Over 200 pre-approved

food-health relationships.

Substantiating

your own food-

health relationship

• Notify FSANZ.

• Conduct systematic

review.

• Must be able to

substantiate the

relationship.

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EXAMPLES OF NOTIFIED FOOD-HEALTH RELATIONSHIPS

• Food or property of food: Probiotics Health effect: Promotes intestinal health

Business: Body Science International Pty Ltd Address: 4/24-30 Dover Dr

Burleigh Q 4220 Notification Date: 9/06/2015

• Food or property of food:Psyllium Health effect: Contributes to heart health.

Business: Kellogg (Aust) Pty Ltd Address: 41-51 Wentworth Ave, Pagewood

NSW 2019 Australia Notification Date:1/06/2015

• Food or property of food: Psyllium Health effect: Reduces bile acid

reabsorption which increases the degradation of liver cholesterol. Business:

Kellogg (Aust) Pty Ltd Address:41-51 Wentworth Ave, Pagewood NSW 2019

Notification Date: 1/06/2015

• Food or property of food: Apple Cider Vinegar Health effect: Adding apple

cider vinegar to meals contributes to / helps carbohydrate digestion Business:

Capilano Honey Limited Address:399 Archerfield Road Richlands, QLD

Australia 4077 Notification Date:13/01/2015

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CONDITIONS AND EXEMPTIONS

Dietary context

statements

• A statement that the

health effect must be

considered in the

context of a healthy

diet.

• Exemption for small

packages.

General

exemptions

• Kava.

• Infant formula.

• Alcohol products.

Therapeutic

claims

• You must not

compare a food with

a good that is

represented to be for

therapeutic use.

• You must not refer to

the prevention,

diagnosis, cure or

alleviation of a

disease, disorder or

condition.

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OTHER LABELING ISSUES

Split claims

• Can include a

shortened statement

(food or property of

food and health

effect).

• Must include the

complete statement

elsewhere on the

same label or

advertising.

Nutrition

information panel

• Must disclose details

of nutrients or active

substances which

form the basis for

the claim in an NIP.

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HEALTH CLAIMS IN THE MARKET

“Just 25g (1 rounded tablespoon) is

needed each day to provide 2g plant

sterols to lower cholesterol absorption in

as little as three weeks as part of a healthy

lifestyle”

“Rich in beta-glucan which helps lower

cholesterol re-absorption^

^A 40g serve of oats provides a minimum of 1

g beta –glucan. Oats can help lower

cholesterol re-absorption as part of a diet low

in saturated fat. 3g of beta-glucan each day is

required to help lower cholesterol re-

absorption.”

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HEALTH CLAIMS?

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HEALTH CLAIMS?

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HEALTH CLAIMS?

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ENDORSEMENTS

• Standard 1.2.7 permits

endorsements, provided:

– the endorsing body is not related to, is

independent of and free from the influence

of the food supplier;

– the endorsing body keeps certain required

records;

– the endorsement is not therapeutic in nature

– however if the endorsing body’s name

includes reference to a serious disease (e.g.

Cure Cancer Australia Foundation), the

endorsement may refer to the endorsing

body’s name; and

– an “endorsing body” must be a not for profit

entity which has a nutrition or health related

purpose or function.

.

Endorsements nutrition

content claims or health

claims made with the

permission of an endorsing

body

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WHAT TO DO BEFORE 18 JANUARY 2016

WANT TO KNOW MORE?

Food Standards Australia New

Zealand

www.foodstandards.gov.au

Maintain documentation to

demonstrate compliance

Continue to monitor the Code

1Start planning now to ensure your

labels and packaging will be

compliant from January 2016 –

there will be no grace period.

2 Consider whether any new

claims can be made.

Reformulation?

3 Consider labelling and

packaging from a global

perspective.

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CHANGES TO FOOD STANDARD 1.2.7

There have been a number of proposed changes to Standard 1.2.7

since it commenced in 2013.

Sports drinks

FSANZ proposal to

allow health claims to

be made about sports

drinks.

Dairy industry is

pushing for similar

allowances for dairy

based products.

Use of HSR

elements

FSANZ proposal that

use of certain HRS

elements will not

amount to a “health

claim”

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NON-COMPLIANCE

Food Standards Code has force of law.

Enforced by each State and Territory.

Financial penalties apply for non-

compliance

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NAVIGATING THE RULES ON HEALTH CLAIMSFood Regulations and Labelling

Standards Conference 2015

Presenter:

Fran WheelahanPartner

Corrs Chambers Westgarth

13849829/129 July 2015