Food advertising requirements
Under the Food and Drugs Act, advertisement includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any food [2, FDA].
Under the Safe Food for Canadians Act, advertisement includes a representation by any means for the purpose of promoting directly or indirectly the sale of a food commodity [2, SFCA].
Means packaged in a container in the manner in which the food is ordinarily sold to or used or purchased by an individual – or in which the food may reasonably be expected to be obtained by an individual – without being repackaged, to be used for non-commercial purposes [1, SFCR].
An imitation food resembles the food imitated in flavor, texture, appearance and nutritional value.
Under the Safe Food for Canadians Act (SFCA) and the Food and Drugs Act (FDA), "person" means an individual or an organization as defined in section 2 of the Criminal Code [2, SFCA; 2, FDA]. "Person" therefore may be an individual or an organization, and may include a consumer, a manufacturer, a retailer, an importer, a restaurant, any other commercial or industrial enterprise, an institution such as a school or hospital, and anyone else who sells, uses, or buys a food.
A substitute food does not have to physically resemble the food for which it substitutes but it should have the same nutritional qualities.
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