France urges vigilance as pandemic gives rise to 'miracle' supplement cures
The DGCCRF has warned consumers to be aware of opportunist sellers who are looking to exploit the fear of the general public to sell and promote supplements that 'prevent viral infections'.
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Food Labelling Services comments:
In the UK, The Advertising Standards Authority (ASA) has published new guidance that takes a very strong position on claims in advertising food that reference the Covid-19 pandemic and the immune system. The guidance, published on 17 July 2020, "completely prohibits" both explicit and implicit references to Covid-19 in food advertising on the basis these are unlawful medical claims. It also makes it clear that immunity health claims may be problematic at this time.
Claims that a food can prevent, treat or cure a disease have always been prohibited, as these would qualify as medicinal claims. Advertisers can only make health claims about a food or ingredient if the claim is authorised under the EU register and the product meets the relevant conditions of use for the claim.
It is also important to be careful when using the authorised claim in advertising, because the full meaning of the authorised claim must be communicated to consumers. That includes attributing the health benefit to the nutrient named in the authorised claim and not exaggerating or changing the meaning of the authorised claim. Marketers should read CAP’s advice on health claims for more information about these principles for using health claims.
For claims relating to immune function it means avoiding wording that suggests the product or its ingredients could improve the functioning of the immune system or which over-emphasise the role of certain nutrients in the normal functioning of the immune system.