Georgia Taylor Leatherhead Food Research Comparative Claims

Comparative Claims (Nutrition & Health)
For: Nutritionists in Industry, Tuesday 9th June 2015
Georgia Taylor
Marketing & Claims Advisor (Regulatory) at Leatherhead Food Research
Innovation | Nutrition | Regulatory | Safety | Insight

Agenda
www.leatherheadfood.com
Regulatory Framework
Interpretations/Guidance of the Regulations
Comparative Health Claims
Identifying Industry Challenges
Steps to make a compliant claim
Leatherhead Food Research 2

Regulatory Framework: 1924/2006
Harmonised at European level
- free movement of foods

- consumer protection
Claims must be clear, accurate and based on

scientific evidence
Give the consumer the necessary information to

make choices in full knowledge of the facts
Application
Claims made in commercial communications

aimed at the final consumer
Claims about foods intended for supply to

restaurants, hospitals, schools, canteens and
other mass caterers
Independent journalists and health professionals in

contact with patients are not covered

General Principles (Article 3)
Claims must not:
Be false, ambiguous or misleading
Give rise to doubt about the safety and/or the nutritional

adequacy of other foods
Encourage or condone excess consumption of a food
State or imply that a balanced and varied diet cannot provide

appropriate quantities of nutrients in general
Refer to changes in bodily functions which could give rise to or

exploit fear in the consumer

General Conditions (Article 5)
Beneficial effect
Significant quantity*
Bio-available
Reasonable amount consumed
Understood by average consumer
Claims must be substantiated by generally accepted
scientific evidence (EFSA)
* Part A of Annex XIII to Regulation 1169/2011

Health & Nutrition Claims
Health Claim - any claim that states, suggests or implies that

a relationship exists between a food category, a food or one
of its constituents and health.
Nutrition Claim any claim which states, suggests or implies

that a food has particular beneficial nutritional properties due
to the energy/nutrients or substances it provides/contains,
provides/contains at a reduced or increased rate or does not
provide/contain.
Excludes references to nutrients
where required by law

Nutrition Claims
Standard Comparative
Low fat Reduced

High in fibre Increased
Source of Vitamin A Light/Lite
With no added sugars Energy Reduced
Only claims on the list are permitted

Conditions of Use
All claims have conditions of use:
Reduced: at least 30 %
Increased: meets the conditions for source of is at

least 30 %
Low Energy: > 40 kcal per 100 g > 20 kcal per 100 ml

Comparative Claims (Article 9)
1. A comparison may only be made between foods of the same

category, taking into consideration a range of foods of that
category. The difference in the quantity of a nutrient and/or the
energy value shall be stated and the comparison shall relate to
the same quantity of food.
2. Comparative nutrition claims shall compare the composition of

the food in question with a range of foods of the same category,
which do not have a composition which allows them to bear a
claim, including foods of other brands.

Identifying Products to the Consumer
For comparative claims it is necessary that the products

being compared be clearly identified to the final
consumer (recital 21 of the preamble)
Reduced fat
More protein, compared to our standard product
Less sugar than other flavoured soft drinks*
*requires qualification additional information so as not

to mislead the consumer
Difference in quantity must be stated
40% Reduced fat when compared to brand X
Extra 20g of protein, compared to our standard

product
Less sugar than other flavoured soft drinks only

4.6 grams compared to 9.6 grams

Agenda

Food Category
Products being compared should belong to a group

of foods similar in terms of nutritional content
Alternatives for consumption (occasion/purpose)
The comparison must aid consumer understanding

to enable them to make an informed choice.

Food Categories
Dairy products = too broad

Milk vs milk = acceptable
[Vegetable X] is lower in fat than [Grain Y]
[Cereal X] is higher in fibre than [Cereal Y] ?

Olive oil is lower in saturated fat than Butter
A range of products
Comparisons with individual products are permitted

BUT the comparator food must be representative of
other similar products on the market.
Example given by DH: Reduced-sugar lemonade

must be compared against a full sugar lemonade
which has comparable sugar levels to other full sugar
lemonades on the market and which cannot make a
nutrition claim.

Products on the market
Similar products on the market must be taken into

account when a comparison is made.
If the comparator food is taken off the market, the

claim can no longer be made.
To make a nutrition claim you must ensure you have

up-to-date information about competitor products.
Agenda

EC Guidance: Comparative are nutrition claims
There are no provisions relating to comparative

health claims, however various authorised claim
include a comparative aspect which is key to the
beneficial effects established and which must be
communicated.

Examples
Consumption of foods containing fructose leads to a lower

blood glucose rise compared to foods containing sucrose or
glucose
Replacing digestible starches with resistant starch in a meal

contributes to a reduction in the blood glucose rise after that
meal.
Consumption of foods/drinks containing <name of sugar

replacer> instead of sugar contributes to the maintenance of
tooth mineralisation

Agenda

Industry Challenges
Reductions which dont meet COU

Lack of definition on food categories
Food ready for consumption
Quantity of food providing nutritional benefit
ASA / Trading Standards
Amending the wording of claims

Key Steps to Compliance: non-exhaustive
1. Identify what comparison you are making

2. Ensure claim meets general principles
3. Ensure product meets general conditions
4. Ensure nutrition claims are listed in the Annex
5. Identify food category
6. Select products in the same category for analysis
7. Analyse nutrition data
8. Ensure the claim is accompanied by mandatory
particulars / meets general provisions
9. Monitor reformulation activity in the market
Dont forget other provisions
Mandatory Nutrition Labelling
Comparisons with products with a protected

designation of origin (PDO)
Mandatory warning statements for certain

ingredients, such as sweeteners

Thank you for your time
Georgia Taylor
gtaylor@leatherheadfood.com
Innovation | Nutrition | Regulatory | Safety | Insight

Sources
http://ec.europa.eu: EU Register on Nutrition & and Health Claims
http://ec.europa.eu/food/food/labellingnutrition/claims/guidance_claim_14-12-
07.pdf: EC Guidance on the implementation of Regulation No. 1924/2006 on
nutrition and health claims made on foods: Conclusions of the Standing Committee
on the food chain and animal health
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/204
320/Nutrition_and_health_claims_guidance_November_2011.pdf: Department of
Health Guidance to compliance with Regulation (EC) 1924/2006 on nutrition and
health claims made on foods
http://www.asa.org.uk: ASA Website, Various Rulings, 2014 2015

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Comparative Claims (Nutrition & Health)

For: Nutritionists in Industry, Tuesday 9th June 2015

Innovation | Nutrition | Regulatory | Safety | Insight

Leatherhead Food Research 2

Harmonised at European level

- free movement of foods

Claims must be clear, accurate and based on

Give the consumer the necessary information to

Claims made in commercial communications

Claims about foods intended for supply to

Independent journalists and health professionals in

Leatherhead Food Research 4

Claims must not:

Be false, ambiguous or misleading

Give rise to doubt about the safety and/or the nutritional

Encourage or condone excess consumption of a food

State or imply that a balanced and varied diet cannot provide

Refer to changes in bodily functions which could give rise to or

Leatherhead Food Research 5

* Part A of Annex XIII to Regulation 1169/2011

Leatherhead Food Research 6

Health Claim - any claim that states, suggests or implies that

Nutrition Claim any claim which states, suggests or implies

Leatherhead Food Research 7

Low fat Reduced

Only claims on the list are permitted

Leatherhead Food Research 8

All claims have conditions of use:

Increased: meets the conditions for source of is at

Leatherhead Food Research 9

1. A comparison may only be made between foods of the same

2. Comparative nutrition claims shall compare the composition of

Leatherhead Food Research 10

For comparative claims it is necessary that the products

*requires qualification additional information so as not

40% Reduced fat when compared to brand X

Extra 20g of protein, compared to our standard

Less sugar than other flavoured soft drinks only

Leatherhead Food Research 12

Leatherhead Food Research 13

Products being compared should belong to a group

Alternatives for consumption (occasion/purpose)

The comparison must aid consumer understanding

Leatherhead Food Research 14

Dairy products = too broad

[Vegetable X] is lower in fat than [Grain Y]

[Cereal X] is higher in fibre than [Cereal Y] ?

Comparisons with individual products are permitted

Example given by DH: Reduced-sugar lemonade

Leatherhead Food Research 16

Similar products on the market must be taken into

If the comparator food is taken off the market, the

To make a nutrition claim you must ensure you have

Leatherhead Food Research 18

EC Guidance: Comparative are nutrition claims

There are no provisions relating to comparative

Leatherhead Food Research 19

Consumption of foods containing fructose leads to a lower

Replacing digestible starches with resistant starch in a meal

Consumption of foods/drinks containing <name of sugar

Leatherhead Food Research 20

Leatherhead Food Research 21

Reductions which dont meet COU

Leatherhead Food Research 22