Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Rule 18.17 states that “Marketing communications may give factual information about product contents, including comparisons, but must not make any health claims, which include fitness or weight control claims...".
In the guidance issued by CAP on the likely interpretation of the above rule, if marketers are going to make a health, diet or nutrition claim, they should:
• state carbohydrate content claims in terms of grammes per unit of alcohol;
• state calories per unit;
• not qualify or downplay calorific or carbohydrate content by using claims such as “just”, “only” or similar;
• describe their products as “reduced calorie” or “lower calorie” only if they have reduced their product’s calorific content by 25% or more;
• ensure “diet” products are described in a way that conforms with the Food Labelling Regulations 1996 (as amended);
• not make a direct or indirect health or fitness claim.
In 2009, the ASA considered that an advertiser had breached the Code by referring to their drink as containing “only 92 calories”. Under Regulation (EC) No 1924/2006 on nutrition and health claims, a low energy claim cannot be made for a liquid containing more than 20 kcal/100 ml and because the advertised drink contained 26.5 kcal/100 ml, while the ad implied it was low in energy, it was found to be in breach (WM Magners, 25 March 2009).
Marketers can refer to the Help Note for the full guidance or consult the Copy Advice team on 020 7492 2100.
Last modified : 26 July 2010