Advertising Requirements for Nutrient Content Claims

Nutrient content claims that are presented in any form of advertising must meet all applicable conditions listed in the tables in Specific Nutrient Content Claim Requirements.

Media-specific requirements vary, depending on whether:

  • the advertisement is for radio or television;
  • the advertisement is for other types of media;
  • the advertisement is placed by the manufacturer; or
  • the advertisement is placed by someone other than the manufacturer (i.e. a third party).

The Decision Trees for Nutrient Content Claim Advertising Requirements below provide a tool to aid in identifying advertising requirements of nutrient content claims.

Advertisements Placed by the Manufacturer versus Third Party

Advertisements placed by or on the direction of the manufacturer or distributor (definition) include, but are not limited to:

  • advertisements for which the manufacturer has paid;
  • public service spots which are sponsored by the manufacturer;
  • advertisements placed on behalf of the manufacturer by an advertising agency or media outlet;
  • information placed on the manufacturer's web site; and
  • other forms of advertisements or publicity under the control of the manufacturer.

Sometimes, advertisements for prepackaged products are not made or placed by or on the direction of the manufacturer, but rather by a third party. Examples of third parties are:

  • a marketing board;
  • a retailer, when advertising another company's product;
  • a non-governmental health organization; or
  • other organizations without label control (OWL).

The Decision Tree: Manufacturer Vs. Third Party provides a tool to aid in identifying the general requirements based on who placed the advertisement.

General Advertising Requirements (Advertisements Other Than Those for Radio or Television)

Examples of media other than radio or television that may contain advertisements include: print, flyers, billboards, internet, etc.

The Decision Tree: Advertisement Other Than Radio or Television provides a tool to aid in identifying the appropriate requirements. This information is also set out in section B.01.505 of the FDR.

Advertisements for Radio or Television

The Decision Tree: Radio or Television Advertisements provides a tool to aid in identifying the appropriate requirements. This information is also set out in section B.01.506 of the FDR.

Advertisements Making Vitamin and Mineral Nutrient Content Claims

The Decision Tree: Advertising Requirements for Vitamin and Mineral Nutrient Content Claims provides a tool to aid in identifying the appropriate requirements. This information is also set out in subsections D.01.004(2)(3) and D.02.002(2)(3) of the FDR.

Refer to the appropriate section for more information on making vitamin and mineral nutrient content claims on a food label or advertisement.

Decision Trees for Nutrient Content Claim Advertising Requirements

Decision Tree: Category of Advertising Requirements
Decision Tree: Manufacturer Vs. Third Party
Decision Tree: Advertisement Other Than Radio or Television
Decision Tree: Radio or Television Advertisements
Decision Tree: Advertising Requirements for Vitamin and Mineral Nutrient Content Claims

Decision Tree: Category of Advertising Requirements

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Decision Tree: Category of Advertising Requirements. Description follows.

Description for photo - Decision Tree: Category of Advertising Requirements

Level 1: Is the claim in group A?

  1. Group A advertising conditions appear in column 3 of the table following B.01.513 and are as follows:
    1. Reduced in energy
    2. Lower in energy
    3. More in energy
    4. More protein
    5. Reduced in fat
    6. Lower in fat
    7. (percentage) fat-free
    8. Reduced in saturated fatty acids
    9. Lower in saturated fatty acids
    10. Reduced in trans fatty acids
    11. Lower in in trans fatty acids
    12. Reduced in cholesterol
    13. Lower in cholesterol
    14. Reduced in sodium
    15. Lower in sodium
    16. Lightly salted
    17. Reduced in sugars
    18. Lower in sugars
    19. More fibre
    20. Light in energy or fat.
  2. Manufacturer must decide yes or no and proceed to level 2 accordingly.

Level 2: Deciding what category of requirements applies.

  1. If answer was yes to the question in level 1, does the claim appear in a radio or TV ad? If yes, radio or television advertisement requirements apply. If no, requirements for advertisements other than radio or television apply.
  2. If answer was no to the question in level 1, is the claim about a vitamin or mineral nutrient? If yes, advertising requirements for vitamin and mineral nutrient content claims apply. If no, general advertising requirements apply.

Decision Tree: Manufacturer Vs. Third Party

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Decision Tree: Manufacturer Vs. Third Party. Description follows.

Description for photo - Decision Tree: Manufacturer Vs. Third Party

Level 1: Is the advertisement placed on or the direction of the manufacturer?

  1. Manufacturer must decide yes or no and proceed to level 2 accordingly.

Level 2: Determining what general advertisement requirements apply.

  1. If answer was yes to the question in level 1, is the food prepackaged? Manufacturer must decide yes or no and proceed to level 3 accordingly.
  2. If answer was no to the question in level 1, the advertisement must have a quantitative statement about the energy values or nutrient content, whichever is the subject of the claim.

Level 3: Determining what general advertisement requirements apply from level 2.

  1. If answer was yes to the question in level 2, the Nutrition Facts table must appear on the label. Any additional information triggered by the claim must be indicated in the table.
  2. If the answer was no to the question in level 2, either the advertisement or the label must carry a quantitative statement about the energy value or nutrient value, whichever is the subject of the claim.

Decision Tree: Advertisement Other Than Radio or Television

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Decision Tree: Advertisement Other Than Radio or Television. Description follows.

Description for photo - Decision Tree: Advertisement Other Than Radio or Television

Level 1: Is the advertisement placed by or the direction of the manufacturer?

  1. Manufacturer must decide yes or no and proceed to level 2 accordingly.

Level 2: Determining what requirements apply to advertisements other than radio or television.

  1. If answer was yes to the question in level 1, is the food prepackaged? Manufacturer must decide yes or no and proceed to level 3 accordingly.
  2. If answer was no to the question in level 1, the accompanying information required in column 3 in the table following B.01.513 must appear in the ad*. Quantitative statement about the energy values or nutrient value (subject to the claim) must appear in the ad*.

Level 3: Determining what requirements apply to advertisements other than radio or television from level 2.

  1. If answer was yes to the question in level 2, the accompanying information required in column 3 in the table following B.01.513 must appear in the ad*. Nutrition Facts table required on the label of the food, with any additional information, as applicable.
  2. If the answer was no to the question in level 2, the accompanying information required in column 3 in the table following B.01.513 must appear in the ad*. Quantitative statement about the energy values or nutrient value (subject to the claim) must appear in the ad* or on the label.

*information must be presented adjacent to, without any intervening printed, written or graphic material, the statement or claim, if it is made only once, or the most prominent statement or claim. It must be shown in letters of at least the same size and prominence as those of the statement or claim, if it is made only once, or the most prominent statement or claim, if it is made more than once.

Decision Tree: Radio or Television Advertisements

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Decision Tree: Radio or Television Advertisements. Description follows.

Description for photo - Decision Tree: Radio or Television Advertisements

Level 1: Is the claim/statement in group B?

  1. Group B advertising conditions are as follows:
    1. Reduced in energy
    2. Reduced in fat
    3. Reduced in saturated fat
    4. Reduced in trans fatty acids
    5. Reduced in cholesterol
    6. Reduced in sodium or salt
    7. Lightly salted
    8. Reduced in sugars
    9. Light in energy or fat
  2. Manufacturer must decide yes or no and proceed to level 2 accordingly.

Level 2: Determining what requirements apply to radio or television advertisements.

  1. If answer was no to the question in level 1,information required under column 3 in the table following B.01.513 must be presented in the ad*. Proceed to level 4.
  2. If answer was yes to the question in level 1, is the advertisement placed by or on the direction of the manufacturer? Manufacturer must decide yes or no and proceed to level 3 accordingly.

Level 3: Determining what requirements apply to radio or television advertisements from level 2.

  1. If answer was yes to the question in level 2, the accompanying information required in column 3 in the table following B.01.513 must appear in the ad*. However, the similar reference food may only be stated on the label. Proceed to level 4.
  2. If the answer was no to the question in level 2, the accompanying information required in column 3 in the table following B.01.513 must be presented in the ad. Quantitative statement about the energy values or nutrient value (subject to the claim) must appear in the ad or on the label. Proceed to level 4.

Level 4: Is the claim in a radio ad?

  1. Manufacturer must decide yes or no and proceed to level 5 accordingly.

Level 5: Determining what requirements apply to radio or television advertisements from level 4.

  1. If answer was yes to the question in level 4, accompanying information, as required above, must appear immediately preceding or following the statement or claim. Nutrition Facts table on the label, as required.
  2. If answer was no to question in level 4, is the claim only in audio or in audio and video of a television ad? Manufacturer must decide yes or no and proceed to level 6.

Level 6: Determining what requirements apply to radio or television advertisements from level 5.2.

  1. If answer was yes to the question in level 5.2, accompanying information, as required above, must appear in the audio portion of the ad. The required information must immediately precede or follow the statement or claim. Nutrition Facts table on the label, as required.
  2. If the answer was no to the question in level 5.2., when the claim or statement appears in the visual portion of a TV ad, the accompanying information, as required above, may appear in either the visual* or audio portion of the ad. Nutrition Facts table on the label, as required.

*when accompanying information is communicated in the visual mode of a TV ad, it must appear concurrently and for the same amount of time as the statement or claim; and it must be adjacent to, without any intervening printed, written or graphic material, that statement or claim, if it is made only once, or to the most prominent statement or claim if it is made more than once.

Decision Tree: Advertising Requirements for Vitamin and Mineral Nutrient Content Claims

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Decision Tree: Advertising Requirements for Vitamin and Mineral Nutrient Content Claims. Description follows.

Decision Tree: Advertising Requirements for Vitamin and Mineral Nutrient Content Claims

Level 1: Conditions for Vitamin and Mineral Nutrient Content Claims*:

  1. Established RDI for vitamin or mineral in FDR
  2. Amount of vitamin or mineral present is at least 5% of the RDI
  3. A declaration of the vitamin or mineral is made as a percentage of the daily value (% DV), per serving of stated size, on label or in the ad.
  4. Proceed to level 2.

Level 2: Is the advertisement placed by or the direction of the manufacturer?

  1. Manufacturer must decide yes or no and proceed to level 3 accordingly.

Level 3: Determining what requirements apply to advertisements for vitamin and mineral nutrient content claims.

  1. If answer was yes to the question in level 2, is the food prepackaged? Manufacturer must decide yes or no and proceed to level 4 accordingly.
  2. If answer was no to the question in level 2, in the case of prepackaged foods, the % DV of the vitamin or mineral (whichever is the subject of the claim) must appear in the advertisement, if not already present on the label. Proceed to level 5.

Level 4: Determining what requirements apply to advertisements for vitamin and mineral nutrient content claims from level 3.1.

  1. If answer was yes to the question in level 3.1, Nutrition Facts table must appear on the label of the food. Any additional information (% DV) triggered by the claim must also be shown in the table. The % DV for that vitamin or mineral may also appear in the ad.
  2. If answer was no to the question in level 3.1, In the case of an ad placed for a non-prepackaged food, the % DV of the vitamin or mineral (whichever is the subject of the claim) must be declared in the advertisement. Proceed to level 5.

Level 5: Does the claim /statement appear in a TV or radio ad?

  1. Manufacturer must decide yes or no and proceed to level 6 accordingly.

Level 6: Determining what requirements apply to advertisements for vitamin and mineral nutrient content claims from level 5.

  1. If answer was yes to the question in level 5, Does the claim/statement appear in a radio ad? Manufacturer must decide yes or no and proceed to level 7 accordingly.
  2. If answer was no to question in level 5, the % DV per serving of stated size triggered by the claim must be stated in the ad. It must be grouped with the most prominent (or only) statement or claim in at least the same size of letters.

Level 7: Determining what requirements apply to advertisements for vitamin and mineral nutrient content claims from level 6.1.

  1. If answer was yes to the question in level 6.1, the % DV per serving of stated size triggered by the claim must be stated immediately preceding or following the statement or claim.
  2. If the answer was no to the question in level 6.1, is it in the audio portion or in both the audio and visual of TV ads? Manufacturer must decide yes or no and proceed to level 8 accordingly.

Level 8: Determining what requirements apply to advertisements for vitamin and mineral nutrient content claims from level 7.2.

  1. If answer was yes to the question in level 7.2, the % DV per serving of stated size of the vitamin or mineral (whichever is the subject of the claim) must be stated in audio portion of the TV ad. The triggered % DV must be stated immediately preceding or following the statement or claim.
  2. If the answer was no to the question in level 7.2, when the claim or statement is only in the visual portion of the TV ad, the % DV can be stated in either the visual** or the audio portion of the ad. Where it is in the audio portion, it must immediately precede or follow the claim.

*This does not apply to sodium and potassium claims or to the total Fluoride ion content required under B.12.002 and B.12.008

**Where the % Daily Value is communicated in the visual mode of a TV ad, it must appear concurrently and for the same amount of time as the statement or claim; and it must be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if it is made only once, or to the most prominent statement or claim if it is made more than once. It must appear in at least the same size letters as the statement or claim, if it is made only once, or to the most prominent statement or claim if it is made more than once.

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