Frances Wheelahan - Corrs Chambers Westgarth - Navigating the rules on health claims
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Transcript of Frances Wheelahan - Corrs Chambers Westgarth - Navigating the rules on health claims
1
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.
29 July 2015NAVIGATING THE RULES ON HEALTH CLAIMS
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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
NAVIGATING THE RULES ON HEALTH CLAIMS
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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
NAVIGATING THE RULES ON HEALTH CLAIMS
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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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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
29 July 2015NAVIGATING THE RULES ON HEALTH CLAIMS