Health claims

Why are health claims important?

They are important for consumers who want added value in food, so therefore can be an important source of information, and has become a vital marketing tool.

Why were the EFSA concerned?

The European Food Standards Agency (EFSA) were concerned that health claims could become misleading.

What are nutrition and health claims?

Nutrition and health claims are voluntary marketing messages on food packaging or advertising that highlight a product’s positive nutritional properties (e.g., "low fat") or its relationship to improve health (e.g. calcium supports bone health).

What is the regulation?

The EFSA have been responsible for regulating health claims since the introduction of Regulation (EC) No. 1924/2006 in 2007.

What does this regulation cover?

This legislation covers an aspect of food commercial communications including food labelling, presentation, advertisements trademarks and brand names.

Why is this regulation important?

Consumers have been protected from false and misleading claims because food companies must provide solid evidence which backs up their claims.

How are health claims assessed and how many is there to date?

Health claims are only approved after a rigorous scientific assessment by EFSA. To date, EFSA (2025) has evaluated over 2,300 health claim applications with more than 70% of evaluated claims rejected due to a lack of scientific evidence.

How long does it take to get a decision?

5 months

What year was complaints made about No.1 Rosemary water?

2017

How many complaints were there?

19 complaints for health claims were made about No. 1 Rosemary water to the Advertising Standards Agency (ASA)

Where did the complaints come from?

These came from seven magazine and national press ads, two paid-for tweets, a video on an advertiser’s Instagram page and their website.

Who are the ASA?

The ASA are a self-regulatory body of the advertising industry who act to protect consumers against misleading adverts and promote fair competition.

What are the claims No.1 Rosemary made?

The rosemary water adverts claimed, “a daily intake of rosemary can help the body stay illness free and in turn contribute to a much longer life”, also referencing an Italian town where residents live a healthy life past 100. A misleading suggestion from the ads was rosemary could prevent “Alzheimer's, Arthritis, Cancer and Cataracts”

Why were these claims banned?

All advertisements were banned and the ASA ruling stated that claims regarding anti-aging cognitive benefits were "misleading" and prohibited. 

If the company could not support these claims, what did they claim instead?

Generic rosemary health claims were initially submitted which fell into the category of "botanical substances" and were put "on-hold" by EFSA.

Why was there legal differences?

The Commission and Member States needed more time to decide how to address the legal differences between herbal medicinal products and food health claims.

Did the evidence provided meet the EFSA standards?

The evidence presented for the drink itself did not meet the EFSA standard required to justify the specific functional health claims being advertised, as evidenced by the ASA ban.

What claims could they continue to advertise on?

The company could continue to advertise their products if they instead referenced “antioxidant properties” and ensured consumers understood it should be accompanied by a balanced diet. 

Why is regulation on health claims essential?

Regulation around health claims is essential to protect consumers from misleading or false advertising by ensuring all claims are substantiated by high-quality scientific evidence. It ensures transparency, allows consumers to make informed dietary choices, and promotes fair competition among food manufacturers (Brennon, 2008).

What are the barriers created by health claim regulations?

It creates a barrier to food innovation because there are high financial, scientific, and administrative burdens that stifle research into new ingredients and product development (De Boer, A., 2021).