Decisions: Drug versus Food

Appetite Control Products

Question: Are appetite control products considered to be foods or drugs?

Answer: All appetite control products are considered to be drugs. (August 1991)

Oxygen Radical Absorbing Capacity (ORAC) statements or claims

Question:  Are statements or claims about Oxygen-Radical Absorbing Capacity (ORAC) acceptable on foods - either in labels or advertisements?

Answer:  No, statements or claims about ORAC are not acceptable on foods because the relationship between ORAC scores and health effect in humans has not been established. ORAC scores are a measure of the rate of reaction and antioxidant capacity of a substance, determined in an in vitro test.

However, a claim about an antioxidant effect may be made on foods when a specific antioxidant function is a well-substantiated physiological effect in healthy subjects, as determined in controlled human studies. See Tables 8-2 and 8-3 of the Guide to Food Labelling and Advertising for acceptable antioxidant claims as applied to foods or food constituents. (December 2004, revised July 2011)