Food Quality Magazine October 2015 | Page 25

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