Food Quality Magazine
ISSUE 04 | OCTOBER 2015
statement/information from the listed 212 FHRs or self-substantiated
evidence, as determined by the ‘reasonable conclusion of the systematic
review’.
Health claims used in the sale and
advertising of food must not be therapeutic in nature; i.e., words used
must not refer to the prevention,
diagnosis, cure or alleviation of a
disease, disorder or condition or
compare a food with a good that
is represented in any way to be,
or likely to be taken as, for therapeutic use. Claims that directly or
indirectly compare the vitamin or
mineral content of a food with that
of another food can only be made if
there is a permission for it in another
Standard of the ANZFSC. No claims
can be made in the sale of kava,
alcoholic drinks and infant formula.
A dietary context statement must be
included with a health claim, stating
that the health benefit must be considered in the context of a healthy
diet. A statement of the form of food
to which the health claim relates is
also required, unless it is the form in
which the food is sold.
The Nutrition Profile Scoring Criteria
(NPSC) is a ‘calculator’ within the framework to determine the ‘healthiness’ of a food and capacity to carry
particular types of claims: only foods
(except standardized foods in Part
2.9 of the ANZFSC) that satisfy the
NPSC may carry GLHCs and HLHCs.
Foods high in fat, sugar or salt do
not qualify to carry health claims. No
NPSC restrictions apply to foods that
can carry NCCs; food businesses can
therefore claim nutrition contents
of all foods using the prescribed,
applicable descriptors – high/low,
increased/reduced etc. - regardless
of the NPSC rating.
The new health claims standard limits the use of generalized claims
about nutrient functions on human
bodily processes. Previously, claims
as to a nutrient’s function or health
effect were not directly regulated
and appeared on all types of foods irrespective of nutrient profiles;
permissible if not considered false,
misleading or deceptive, or in breach
of any prohibition such as claiming a
therapeutic action or mentioning a
disease.
Encouraging more specificity should
lead to clearer messages and therefore enable choice for consumers.
For instance, Australian consumers
should bear witness to a reduction in the apparently unfettered use
of claims regarding the ubiquitously
famed property of food – the anti-oxidant. Reactive oxygen species, also
known as ‘free radicals’, are considered to play a causative role in aging
and bodily decline by attacking molecules and anti-oxidants are touted
as the antidote. An ‘anti-oxidant’ is
not on the list of claimable nutrients
for nutrition content claims. So, there is no permission for a generalised
‘high/increased anti-oxidants’ claim,
limiting statements to presence/absence of a property of the food.
Marketers therefore must be specific about what is being claimed
and the scientific substantiation for
it. Foods that satisfy the NPSC and
contain vitamins and minerals in the
required quantities may carry claims
based on FHR relating to that physiological process of cell oxidation,
e.g. copper FHR ‘contributes to cell
protection from free radical damage’
or riboflavin FHR ‘contributes to the
protection of cells from oxidative
stress’. As always, food businesses
are required to quantify the claimed properties of foods or nutrients
to which the claim relates in the
Nutrition Information Panel (NIP).
The regulatory changes provide the
necessary ‘scaffolding’ for food businesses marketing healthy or functional foods to innovate, distinguish
their brand and capitalize on the intrinsic health benefits of their foods.
Nutrition content claims (NCC)
A ‘nutrition content claim’ means a
claim about,
a) The presence or absence of –
i. A biologically active substance; or
ii. Dietary fibre; or
iii. Energy; or
iv. Minerals; or
v. Potassium; or
vi. Protein; or
vii. Carbohydrate; or
viii. Fat; or
ix. The components of any one of
protein, carbohydrate or fat; or
x. Salt; or
xi. Sodium; or
xii. Vitamins; or,
b) Glycaemic index of glycaemic load;
In the making of a NCC, a ‘property of
food’ such as carbohydrate, fibre, fat,
energy, vitamins and minerals etc.
can be claimed about a food using
specific descriptors ‘or a synonym’
listed in the Schedule. For example,
food labels can contain a nutrition
content claim about fat using %free,
low or ‘reduced/light/lite’ if the food meets the prescribed conditions.
Foods containing omega-3 fatty acids
can claim the food is a ‘good source’
or that content is ‘increased’, when
conditions are met. Properties of
food – e.g. polyphenols - not listed
in in the new health claims standard
may only be claimed by stating the
food contains or does not contains
it, or that a specific amount of the
property is present in a specified
amount of that food. Comparative
claims using ‘light/lite, increased or
reduced’ can be made when the
identity of the reference food and
the difference in amounts are included with the claim. A NCC must not
imply slimming effects.
Health claims
A ‘health claim’ is defined ‘a claim,
which states, suggests or implies
that a food or a property of food has,
or may have, a health effect’. A property of food includes a component,
ingredient, constitue