Guidelines for the use of Food Safety Related Statements

The following document has been developed to provide guidance in assessing the use of food safety statements on food labels and in food advertisements. The guidance is based on the interpretation of subsections 4.(1) and 5.(1) of the Food and Drugs Act (FDA) and 7.(1) of the Consumer Packaging and Labelling Act (CLPA) (see Annex A) and is consistent with existing guidance in Chapters 3 and 4 in the Guide to Food Labelling and Advertising (Guide).

Note that the scope of these guidelines does not extend to the use of health claims related to the effect of nutrients, food constituents and whole foods as set out in Chapter 8 of the Guide.

Guidelines

Foods Must Be Safe to Consume

Under the conditions set out in the FDA, it is unlawful to sell a food that is unfit for human consumption in Canada. The FDA also prohibits, among other things, the sale or advertisement of food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character or safety.

Since it is unlawful to sell a food that does not meet the FDA requirements for safety, statements that refer to a food being safe to consume are generally considered by the CFIA to create an erroneous impression about the food. Where a characteristic, such as safety, is common to all foods, an erroneous impression may be created by implying or stating that the food for sale is safe. As this characteristic is not solely attributed to one food, it creates a false uniqueness. There are also varying risks associated with food consumption for different people, including those with food allergies, with compromised immune systems, for the very young and the elderly and for those with special dietary needs, such as people with diabetes or celiac disease, guarantees or assurances that the consumption of a food is unequivocally risk free or zero risk are considered to create an erroneous impression about food safety.

Negative Claims

A negative statement, such as "contains no x, should not create an impression that the product is uniquely different from other products, if the absence of "x is a common characteristic of that type of food. The statement must be true and it must not create an erroneous impression about the product, relative to other similar products. For instance, where a food is inherently free of a substance or where it is not permitted to contain the substance, this must be made clear. A claim that a pathogen is absent may create an erroneous impression that similar products contain the pathogen unless it is appropriately qualified by a statement to the effect that the claim is not unique to the food, but is common to all foods of the same class.

Impressions

It is unacceptable to use partial truths to create an erroneous impression concerning a food. This includes the failure to disclose the essential facts concerning the properties or composition of the food being promoted, particularly when emphasis is given to the more desirable characteristics.

The words and visual depictions used to promote the safety of food products, as well as the impressions they create and must not create false, misleading or deceptive impressions such as an erroneous impression of 100% safety.

Note that qualifying statements or disclaimers may not always be successful in correcting a false or misleading statement or vignette. Some labels and advertisements use asterisks if they need to direct the consumer's attention to a statement in an obscure location. However, it is not acceptable to use this technique to explain that a featured statement or vignette is not exactly what it appears to be. It is acceptable to use asterisks to direct the consumer's attention to additional non-mandatory information.

Reference to Scientific Literature, Media Reports, General Public or Surveys

References, whether to scientific literature, media reports, general public or surveys, must be used with care to avoid confusing or misleading the consumer. Scientific and technical terms may not be properly understood by the general public. Therefore, they should generally be avoided, unless fully explained.

Reference to Food Technology or Food Processing Methods

The use of clear and truthful statements regarding the method of processing are generally acceptable, provided that these do not imply benefits beyond those provided by the method. The use of a name of a food processing method or technology, such as "pasteurized and "UHT, on its own is generally acceptable, provided it is actually applied to the food. Words should not be used as part of the name of the processing method or technology that create an erroneous impression of the safety of the food product. Any further explanation of the technological effect of the method (e.g. the process renders the food commercially sterile) must be clear and relevant to consumers and must not create the impression that the product is safer than other products in the market nor that the method confers absolute food safety in line with guidance in this document.

Food processing and handling practices are not inherently without risk. Certain methods of food processing, such as pasteurization, while reducing the bacterial level of the food and eliminating the potentially harmful pathogens, do not remove all bacteria in a food. Product promotion through labels or advertising should not create the impression that a particular process guarantees 100% food safety.

Coined technical terms and logos, whether trademarked or not, must not create a false, misleading, deceptive or erroneous impression with respect to the product being sold.

Annex A - Relevant Legislation

Subsection 4. (1) FDA states that :

"No person shall sell an article of food that:

1. has in or on it any poisonous or harmful substance;
2. is unfit for human consumption;
3. consists in whole or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance;
4. is adulterated; or
5. was manufactured, prepared, preserved, packaged or stored under unsanitary conditions"

Subsection 5.(1) of the FDA states that: "No person shall label, package, treat, process, sell or advertise any food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety.

Subsections 7. (1) and (2)(c) of the CPLA states that: "No dealer shall apply to any prepackaged product or sell, import into Canada or advertise any prepackaged product that has applied to it a label containing any false or misleading representation that relates to or may reasonably be regarded as relating to that product".

(2) For the purposes of this section, "false or misleading representation" includes:

(c) any description or illustration of the type, quality, performance, function, origin or method of manufacture or production of a prepackaged product that may reasonably be regarded as likely to deceive a consumer with respect to the matter so described or illustrated.