How to effectively utilise nutrition and health claims to market your food and drink brand
In the ever-evolving landscape of the food and drink industry…
…effectively communicating the nutritional benefits of your product is crucial. However, if you want to make a claim, it’s essential that you are compliant to the Regulation. Getting your product’s nutrition and health claims right can not only inform consumers and protect them from misleading information, but can also significantly impact your brand's reputation and success.
In the UK, nutrition and health claims are primarily governed by the retained EU Regulation (EC) No 1924/2006. This Regulation sets out the rules on the use of nutrition and health claims in food labeling, presentation, and advertising and helps to level the play field so all food producers and manufacturers adhere to the same standards.
For example, the Regulation includes requirements on alcoholic beverages containing more than 1.2% by volume of alcohol as well as claims that refer to recommendations of individual healthcare professionals. (1)
In August this year, a legislative reform on nutrition and health claims was proposed, aiming to strengthen the regulatory framework surrounding nutrition and health claims following Brexit. (2) There is now an opportunity to tailor the law specifically for UK purposes as we no longer have to abide by EU law. Therefore, the reform hopes to set out to ensure that consumer safety and public health is protected whilst reducing the burden on industry that the regulation currently presents. This consultation will run until 31st October 2023 and you can respond via an online survey or by written submission emailed to nlcs-reul-consultation@dhsc.gov.uk.
However, in the meantime, here is our guide to walk you through the key steps to take to get your nutrition and health claims right for your food and drink brand.
Familiarise yourself with the regulation and know the terminology
The first step is to be aware of the main nutrition and health claim legislation which currently stands which is the EU Regulation (EC) No 1924/2006 as previously mentioned. The current nutrition legislation provides standards that apply to general foods and specific foods such as infant formula and foods for special medical purposes (FSMPs). (3)
You’ll find all of the approved nutrition claims here and the register of authorised health claims here. However, it’s also essential to understand the difference between nutrition and health claims. (4)
1. Nutrition claims: These describe the nutritional properties of a food, such as "low in fat" or "high in fibre."
2. Health claims: These claims go one step further and suggest a relationship between a food or ingredient and health. For example, "Calcium contributes to the maintenance of normal bones."
What happens if you want to submit a new health claim?
Health claims are strictly regulated, and you must obtain authorisation from the European Food Safety Authority (EFSA) for new claims. Any claim you do make must be supported by scientific evidence. It's not enough to simply assert a benefit; you must provide data that demonstrates the validity of your claim. Before pursuing a health claim, you need to provide evidence by conducting your own research or by creating a dossier of existing scientific research that meets their stringent criteria.
Think about your front-of-pack labeling
Front-of-pack labeling is an important aspect of conveying nutrition information to consumers including nutrition and health claims. It's an opportunity to highlight key nutritional attributes, but it must be done in the right way using authorised claims. When displaying the ‘healthiness’ of a product, such as fat, sugar and salt content, it’s recommended to use standardised formats for displaying information like the "traffic light" system.
Get expert help
Before launching a new product or making significant claims, it's advisable to seek legal counsel or consult with a regulatory expert that specialises in food and drink. Some regulatory experts are also Dietetians or Nutritionists which is especially helpful if you want to promote a healthy food or drink as they can work with you to ensure your claims and product messaging resonates with your target customer. They can also review your product and claims to ensure compliance with all relevant regulations. This step can save you time and potential legal issues down the road.
Stay informed about legislative reforms
Regulations surrounding nutrition and health claims are not static. They evolve over time. Stay informed about proposed legislative reforms and updates to ensure that your brand remains in compliance. Regularly check the UK government's official sources for the latest information and follow food and drink regulatory experts on LinkedIn so they can inform you of updates to the Regulation.
In summary…
Getting nutrition and health claims right as a food and drink brand is a complex yet crucial aspect of your business. By understanding the regulatory framework, you can confidently make claims that inform and attract consumers while adhering to the law. Remember, transparency and accuracy in your claims will not only enhance your brand's credibility in the long term but will also contribute to the health and well-being of your customers.
References:
(1) Department of Health. 2011. Available online: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/216151/dh_131237.pdf
2) Office for Health Improvement and Disparities. 2023. Available online: https://www.gov.uk/government/consultations/nutrition-and-health-claims-on-food-proposed-legislative-reforms
3) FDA. 2022. Available online: https://www.fda.gov/food/food-labeling-nutrition/label-claims-conventional-foods-and-dietary-supplements#:~:text=Among%20the%20claims%20that%20can,%2C%20and%20structure%2Ffunction%20claims
4) Office for Health Improvement and Disparities. 2023. Available online: https://www.gov.uk/government/consultations/nutrition-and-health-claims-on-food-proposed-legislative-reforms/nutrition-and-health-claims-on-food-proposed-legislative-reforms#:~:text=Retained%20Regulation%20(%20EC%20)%20No%201924,presentation%20and%20product%20specific%20advertising
Interested to find out how Chickpea Marketing can help your brand effectively use claims to communicate the healthiness of your product?