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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 Table of Permitted Nutrient Content Statements and Claims, incorporated by reference into the Food and Drug Regulations (FDR), and sections D.01.004 and D.02.002 of the FDR. For more information, refer to Specific nutrient content claim requirements.

Media-specific requirements vary, depending on whether:

The Decision trees for nutrient content claim advertising requirements provide a tool to aid in identifying advertising requirements of nutrient content claims.

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Advertisements placed by the manufacturer versus third party

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

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:

The decision trees are structured 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.

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.

In this decision tree, the claims found in Group B are the comparative nutrient content claims listed in paragraphs B.01.506(1)(a) to (i) 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 sections D.01.004 and D.02.002 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

The first step to determine any advertising requirements for nutrient content claims is the decision tree: Category of advertising requirements. It categorizes the advertising requirements for a nutrient content claim on a food depending on:

The claims found in Group A of this decision tree are comparative nutrient content claims for which specific conditions for label or advertising are outlined in column 3 of the Table of Permitted Nutrient Content Statements and Claims.

The first decision tree determines which of the decision trees to follow in the next steps.

Decision tree: Category of advertising requirements

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Decision tree: Category of advertising requirements. Description follows.

Description - Decision tree: Category of advertising requirements

Question 1: Is the claim in group A? (see table to the right)

Group A: advertising conditions appear in column 3 "Conditions – Label or Advertisement" of the Table of Permitted Nutrient Content Statements and Claims and are listed as follows:

  • Reduced in energy
  • Lower in energy
  • More energy
  • More protein
  • Reduced in fat
  • Lower in fat
  • (Percentage) fat-free
  • Reduced in saturated fatty acids
  • Lower in saturated fatty acids
  • Reduced in trans fatty acids
  • Lower in trans fatty acids
  • Reduced in cholesterol
  • Lower in cholesterol
  • Reduced in sodium or salt
  • Lower in sodium or salt
  • Lightly salted
  • Reduced in sugars
  • Lower in sugars
  • More fibre
  • Light in energy or fat

If answer was no to question 1, proceed to question 2.

If answer was yes to question 1, proceed to question 3.

Question 2: Is the claim about a vitamin or mineral nutrient?

If no, follow the Decision tree: General advertising requirements.

If yes, follow the Decision tree: Advertising requirements for vitamin and mineral nutrient content claims.

Question 3: Does the claim appear in a radio or TV ad?

If no, follow the Decision tree: Advertisement other than radio or television.

If yes, follow the  Decision tree: Radio or television advertisements.

Decision tree: General advertising requirements

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Decision tree: Manufacturer vs. third party. Description follows.

Description - Decision tree: General advertising requirements

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

If answer was no to question 1, the advertisement or label must have a quantitative statement about the energy value or nutrient content, whichever is the subject of the claim.

If answer was yes to question 1, proceed with question 2.

Question 2: Is the food prepackaged?

If answer was no to question 2, either the advertisement or the label must have a quantitative statement about the energy value or nutrient content, whichever is the subject of the claim.

If answer was yes to question 2, the Nutrition Facts table must appear on the label. Any additional information triggered by the claim must be indicated in the table.

Description - 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.

Description - Decision tree: Advertising requirements for vitamin and mineral nutrient content claims

Conditions for vitamin and mineral nutrient content claims Table Note *:

  1. Established daily value (DV) for vitamin or mineral in the Table of Daily Values
  2. Amount of vitamin or mineral present is at least 5% of the DV
  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

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

If answer was no to question 1, in the case of prepackaged foods, the % DV of the vitamin or mineral mentioned in the claim must appear in the advertisement, if not already present on the label. Proceed to question 3.

If answer was yes to question 1, proceed to question 2.

Question 2: is the food prepackaged?

If answer was no to question 2, in the case of an ad placed for a non-prepackaged food, the % DV of the vitamin or mineral mentioned in the claim must be declared in the advertisement. Proceed to question 3.

If answer was yes to question 2, a 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.

Question 3: Does the claim appear in a TV or radio ad?

If answer was no to question 3, 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.

If answer was yes to question 3, proceed to question 4.

Question 4: Does the claim appear in a radio ad?

If the answer was no to question 4, proceed to question 5.

If answer was yes to question 4, the % DV per serving of stated size triggered by the claim must be stated immediately preceding or following the statement or claim.

Question 5: Is the claim made ONLY in the visual portion of the ad?

If the answer was no to question 5 (the claim is made only in the audio portion of the advertisement or in both the audio and visual portions), the % DV per serving of stated size of the vitamin or mineral must be communicated in the audio mode.

When it is in the audio portion, it must immediately precede or follow the claim.

If answer was yes to question 5, the % DV Table Note ** per serving of stated size of the vitamin or mineral must be communicated in the audio or visual mode.

Decision tree: Advertisement other than radio or television

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Decision tree: Advertisement other than radio or television. Description follows.

Description - Decision tree: Advertisement other than radio or television

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

If answer was yes to question 1, proceed to question 2.

If answer was no to question 1, the accompanying information required in column 3 in the Table of Permitted Nutrient Content Statements and Claims must appear in the ad Table Note *. Quantitative statement about the energy value or nutrient value (subject of the claim) must appear in the ad Table Note *.

Question 2: Is the food prepackaged?

If answer was yes to question 2, the accompanying information required in column 3 in the Table of Permitted Nutrient Content Statements and Claims must appear in the ad Table Note *. Nutrition Facts table required on the label of the food, with any additional information, as applicable.

If the answer was no to question 2, the accompanying information required in column 3 in the Table of Permitted Nutrient Content Statements and Claims must appear in the ad Table Note *. Quantitative statement about the energy value or nutrient value (subject of the claim) must appear in the ad Table Note * or on the label.

Decision tree: Radio or television advertisements

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Decision tree: Radio or television advertisements. Description follows.

Description - Decision tree: Radio or television advertisements

Question 1: Is the claim/statement a comparative claim found in group B?

Group B claims are listed as follows:

  • Reduced in energy
  • Reduced in fat
  • Reduced in saturated fat
  • Reduced in trans fatty acids
  • Reduced in cholesterol
  • Reduced in sodium or salt
  • Lightly salted
  • Reduced in sugars
  • Light in energy or fat

If answer was no to question 1, accompanying information required under column 3 in the Table of Permitted Nutrient Content Statements and Claims must be presented in the ad Table Note *. Proceed to question 3.

If answer was yes to question 1, proceed to question 2.

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

If answer was yes to question 2, the accompanying information required in column 3 in the Table of Permitted Nutrient Content Statements and Claims must appear in the ad Table Note *. However, the similar reference food may only be stated on the label. Proceed to question 3.

If the answer was no to question 2, the accompanying information required in column 3 in the Table of Permitted Nutrient Content Statements and Claims must be presented in the ad. Quantitative statement about the energy value or nutrient value (subject of the claim) must appear in the ad or on the label. Proceed to question 3.

Question 3: Is the claim in a radio ad?

If the answer was yes to question 3, accompanying information, as required above, must appear immediately preceding or following the statement or claim. Nutrition Facts table on the label, as required.

If the answer was no to question 3, proceed to question 4.

Question 4: is the claim ONLY in the visual portion of the television ad?

If answer was no to question 4, accompanying information, as required above, must be communicated in the audio mode of the ad. The required information must immediately precede or follow the statement or claim. Nutrition Facts table on the label, as required.

If the answer was yes to the question 4, when the claim or statement appears in the visual portion of a TV ad, the accompanying information, as required above, may be communicated in either the visual Table Note * or audio mode of the ad. Nutrition Facts table on the label, as required.

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