§11.4 Claims

• Jurisdiction: United States
• Publication year: 2022

§11.4 Claims

The Commission set forth general guidelines for claims.³⁵ A claim is defined as ". . . any representation which states, suggests or implies that a food has . . . characteristics relating to its origin, nutritional properties, nature production, processing, composition or any other quality."³⁶

The basic principle for claims used for food is that ". . . no food should be described . . . in a manner that is false, misleading or deceptive . . ."³⁷

The person marketing food must be able to justify associated claims.³⁸

§11.4.1 Prohibited Claims³⁹

Claims that state a particular food is a source of all essential nutrients:

• imply that ordinary foods do not supply adequate amounts of nutrients;
• cannot be substantiated;
• state a food can be used to prevent, alleviate, treat, or cure a disease or condition; or
• arouse or exploit fear in the consumer, are prohibited under the guidelines.

§11.4.2 Misleading Claims

Claims that

• include comparatives and superlatives; or
• refer to good hygienic practice,⁴⁰ may be misleading.

§11.4.3 Claims Subject to Conditions (Conditional Claims)

Claims that may be allowed, subject to particular conditions, include:

• those that indicate the food has obtained special nutritive qualities through the addition or reduction of nutrients (vitamins, minerals, and amino acids), provided the nutrients were added in accordance with the General Principles for the Addition of Essential Nutrients of Foods;⁴¹
• those that use the terms "natural," "pure," "fresh," "homemade," "organically grown," and "biological grown" provided they are used in accordance with the laws of the country where the food is sold;⁴²
• those that assert religious or ritual preparation of a food provided the food conforms to the requirements of the religious or ritual authorities;⁴³ or
• those that highlight the absence or non-addition of particular substances provided the food is not subject to a Codex standard, the substance is one a consumer would expect to find in the food, the substance is not substituted by another substance providing equal characteristics, the substance is one permitted in food.⁴⁴

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Notes:

^[35] Codex General Guidelines on Claims, CAC/GL 1-1979 (Revised 1991).

^[36] Id. at provision 21.

^[37] Id. at provision 1.2.

^[38] Id. at provision 1.3.

^[39] Id. at provisions 3.1-3.5.

^[40] Id. at provision 4.2. Terms, such as "wholesome," "healthful," and "sound," if used, may show good hygienic practice.

^[41] Id. at provision 5.1(i).

^[4...