The Regulation of Nutrition and Health Claims Made on Foods in TV and Radio Advertisements - Executive summary

New European legislation called the Regulation EC No 1924/2006 on nutrition and health claims made on foods (the NHCR) 2006 came into force on 1 July 2007. The NHCR is the first piece of specific legislation to deal with nutrition and health claims made on foods and seeks to protect consumers from misleading or false claims.

The present BCAP Radio Advertising Standards Code and the BCAP TV Advertising Standards Code (the BCAP Codes) are generally consistent with the NHCR but, to the extent that any rules are inconsistent, the provisions of the NHCR take precedence.

BCAP intends this consultation as an interim measure to help identify and accurately correct inconsistencies between the present BCAP Codes and the NHCR. BCAP proposes the minimum number of changes necessary to ensure that the present Codes do not allow practices that are explicitly prohibited by the NHCR and do not unduly restrict the use of nutrition or health claims that are permitted by the NHCR.

Separately, BCAP will very soon consult on its general review of the BCAP Radio Advertising Standards Code and the BCAP TV Advertising Standards Code, “The BCAP Codes Review”. The BCAP Codes Review will take into account decisions reached in this consultation and it is likely to include proposals for new rules that will help broadcasters to comply with the general and specific provisions of the NHCR.

In proposing to make now the minimum number of changes necessary to ensure consistency with the NHCR, BCAP acknowledges that the updated Codes will not explicitly reflect some of the general or specific provisions of the Regulation that are relevant to broadcast advertisements. BCAP therefore encourages broadcasters to take advice on the effect of the regulation and to consult the Food Standards Agency’s Guidance to Compliance with Regulation (EC) 1924/2006 on Nutrition and Health Claims on Foods, which is available at www.food.gov.uk. (The Guidance details the number of complex transitional provisions that apply to the NHCR.) Broadcasters are reminded that advertisements that they carry must comply with the law and that that must be a condition of acceptance. BCAP’s proposed approach has the benefit of ensuring that the present Codes are updated to ensure consistency with the NHCR and that minimum disruption is caused to stakeholders.

This consultation seeks stakeholders’ opinions on whether BCAP’s proposed approach ensures consistency with the NHCR. The NHCR can be found here.