Nutrition and health claims: guidance to compliance with Regulation (EC) 1924/2006 – Article 28
Updated 10 November 2021
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Nutrition law
In accordance with the retained Regulation (EC) No 1924/2006 (and Regulation (EC) No. 1924/2006, as applicable in Northern Ireland) of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods, any nutrition or health claims implied by a trademark, brand name or fancy name appearing in the labelling, presentation or advertising of a food must be accompanied by a related authorised nutrition or health claim.
The transition period for food products with nutrition or health claims implied by a trademark or brand name which existed before 1 January 2005 will end on 19 January 2022. After this date, the provisions of Regulation (EC) No 1924/2006 apply, irrespective of when the trademark or brand name was introduced. Existing trademarks or brand names suggesting health or nutrition benefits that do not meet the requirement of Regulation (EC) No 1924/2006, must be phased out and removed from the market.
Food business operators using a trademark or brand name that is also a nutrition or health claim must ensure that after 19 January 2022, this is accompanied by a related claim that complies with the requirements of the Regulation.
The Department of Health and Social Care (DHSC) and respective departments in the devolved governments recommend this guidance should be read in conjunction with the relevant legislation in each of the UK nations. It is not an authoritative statement of how the law should be interpreted, as this would be for a court to determine. Further guidance on the use of trademarks, brand names and fancy names, and how to make a nutrition or health claim, is provided in the nutrition and health claims guidance.
It is ultimately the responsibility of individual businesses to ensure their compliance with the law. Businesses with specific queries may wish to seek the advice of their local enforcement agency, which in England and Wales will usually be the trading standards or environmental health department of the local authority or port health authority. In Northern Ireland it will be the environmental health department of the local district council. In Scotland it will be local authority environmental health departments. Businesses may also contact [email protected].
Intended audience
This guidance is aimed at food business operators that manufacture, process, distribute, use, sell or import food products with nutrition or health claims implied by a trademark or brand name, and those local authorities who are responsible for enforcing the legislation in this area. It may also be of interest to relevant third sector organisations.
Legislation on nutrition and health claims made on food is a devolved matter for the UK. While these guidance notes have been developed by DHSC and specifically refer to England, the principles are similar throughout GB (Scotland and Wales).
The Protocol on Ireland and Northern Ireland (NIP) means that EU legislation relating to nutrition, as detailed in Annex 2 of the NIP, continues to be directly applicable in Northern Ireland.
Equivalent guidance will be issued for Scotland, Wales and Northern Ireland.