Marketing: Advertising health and nutritional benefits

We review progress on the Australia and New Zealand Food Regulation Ministerial Council's new policy for Health, Nutrition and Related Claims.

In December 2003, the Australia and New Zealand Food Regulation Ministerial Council (Council) agreed to a new policy for Health, Nutrition and Related Claims.

The new policy guideline will permit a wide range of health claims, introducing conditions to prevent misleading claims while ensuring that consumers can make informed healthy choices.

Since 2003, the Council has been developing the guidelines through consultation and review. External reviews were completed in May and the policy guideline is now being reviewed by the Council's scientific committee.

At present, nutrient content claims such as "this food is high in fibre" are permitted in advertising in New Zealand, as are some health maintenance claims (for example, "calcium is important for healthy bones and teeth").

However, the use of health claims (such as "Avocado oil reduces absorption of cholesterol") in advertisements for food and beverages are currently prohibited in New Zealand.

As a result, the benefits of nutritious foods which may be promoted to consumers are restricted to freshness and price. This enforced silence by food manufacturers on the healthy benefits of particular foods is particularly anomalous, given a society that is becoming ever more health conscious and in which consumers are actively seeking healthy food options.

Commercial success for new food products that promote good health relies upon informing consumers of such benefits through a permissive advertising structure. It is hoped that the policy guideline will facilitate innovation in the food and, consequently, advertising industries.

The claims classification framework sets out criteria for two levels of claims:

1. General level claims, which do not make reference to a serious disease or biomarker and will not be subject to pre-market assessment and approval by Food Standards (although manufacturers and advertisers will need to have evidence to support the claim).
   
2. High level claims, which do make reference to a serious disease or biomarker will be assessed and pre-approved by Food Standards, with approved claims being listed in the standard.

General level claims will include two sub-categories:

1. Content claims (i.e. absolute and comparative claims); and



2. Function claims, enhanced function claims (i.e. "This food contains omega-3 oils, which is good for...") and risk reduction claims.

In order to ensure that all claims are true, scientifically substantiated and not misleading, the following safeguards are likely to be put in place:

• Claims will need to meet substantiation criteria which determine the evidence required for a proposed claim;



• Foods allowed to carry claims will be defined;



• Claims will have to be made in the context of the total diet, with consumers advised to seek the supervision of a health care professional where necessary; and



• Compliance with the new arrangements will be closely monitored.

The proposal would, therefore, result in:

1. Health and nutrition claims being allowed in advertising.



2. Certain health claims needing to be substantiated and approved in advance.



3. A three-tier system for the pre-approval of health and nutrition claims.

The Advertising Standards Association Code for Advertising Food currently requires that advertisements for food and beverages:

1. Comply with the laws of New Zealand, which include the Food Standards Code, the Food Act 1981, the Food Regulations 1984 and the Fair Trading Act 1986.



2. Be prepared with a due sense of social responsibility to consumers and to society.



3. Containing nutrient, nutrition, health or therapeutic claims, or directed at children should observe a high standard of social responsibility.



4. Should not be misleading.

It is likely that the current Code for Advertising Food will be amended to take into account any changes in the law permitting health and nutrition claims. In particular, the Advertising Standards Complaints Authority has signalled that all advertisements with health and nutrition claims are likely to require pre-vetting (in much the same way as therapeutic and liquor advertisements currently undergo a pre-vetting approval process).

To stay updated on the development of the draft standard and to view the Nutrition, Health and Related Claims policy guideline, visit the Food Standards website at www.foodstandards.gov.au.

Enquiries and information

For more information on food labelling matters, please call Tania Laird on 64 9 916 8766.