0370 270 6000

Nutrition and Health Claims in TV and Radio Adverts

9 November 2009

Following the revision of the CAP code for non-broadcast advertising in January 2009, last week BCAP revised its television and radio advertising codes in order to comply with the 2006 EC Regulation, which sets out when nutrition and health claims are permitted in advertising. An example of a nutrition claim commonly made on food and drink products would be “low in fat”. An example of a health claim would be “‘helps maintain a healthy heart'”.

Examples of changes (for TV advertising) include that “food product claims that refer to a rate or amount of weight loss are not permitted” and “Advertisements must not suggest that it is necessary for the average person to augment the diet or, unless the claim is authorised by the European Commission, that dietary supplements can enhance normal good physical or mental condition.”

Breaches of the new BCAP Codes could result in complaints being made to the Advertising Standards Agency (ASA). The ASA has the power to recommend that adverts must not be broadcast again without amendment. This can result in the loss of considerable investment in marketing campaigns.

Do you think these changes will do anything to promote consumer confidence in nutrition and health claims made by advertisers?

Related opinions

IR35 rules to be scrapped from April 2023

The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.

View blog

80% hours for 100% pay? That’ll do nicely

As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.

View blog

Right to Work Checks: Changes from 6 April 2022

From 6 April 2022, right to work checks on all migrant or settled prospective employees must be online and checks on British or Irish nationals will be manual (free) or digital (charged for).

View blog

Are whistleblowers entitled to keep their employer’s confidential documents?

In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up