Article 3 General principles for all claimsX1
United Kingdom
Nutrition and health claims may be used in the labelling, presentation and advertising of foods placed on the market F1... only if they comply with the provisions of this Regulation.
Without prejudice to F2Regulation (EU) No 1169/2011 and the Business Protection from Misleading Marketing Regulations 2008, the use of nutrition and health claims shall not:
- (a)
be false, ambiguous or misleading;
- (b)
give rise to doubt about the safety and/or the nutritional adequacy of other foods;
- (c)
encourage or condone excess consumption of a food;
- (d)
F3state, suggest or imply that a balanced and varied diet cannot provide appropriate quantities of nutrients in general. F4The appropriate authority may by regulations adopt derogations in the case of nutrients for which sufficient quantities cannot be provided by a balanced and varied diet, including the conditions for their application, taking into account the special conditions present in the parts of Great Britain in relation to which the regulations are to be made.
- (e)
refer to changes in bodily functions which could give rise to or exploit fear in the consumer, either textually or through pictorial, graphic or symbolic representations.
Annotations
Textual amendments
- F1
Words in Art. 3 omitted (31.12.2020) by virtue of The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 17(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 3 substituted (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 17(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F3
- F4
Words in Art. 3(d) substituted (31.12.2020) by The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/651), regs. 1(1), 17(4)(b)(ii) (as amended by S.I. 2020/1476, regs. 1(2), 5(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)