Not Guilty Food claimed that its products were low in sugar, fat and calories when compared with market alternatives and that the products were not actively marketed as weight loss products and were simply named after their 'Skinny Spice' trade mark.

The ASA, however, found that the ad breached the CAP Code, on the basis that customers would interpret 'Skinny Spices' as being linked with and promoting weight loss or maintenance when compared to alternative products. As such, the term 'Skinny Spices' amounted to a health claim. Under the CAP Code, only products containing ingredients that produce "the physiological effect of weight loss or maintenance" in a significant quantity can be promoted using such claims. The spices did not contain such ingredients and thus the health claims were not permitted.

For similar reasons, Not Guilty Foods were also prohibited from relying on 'Skinny Spices' being a nutritional claim as the composition of the spices would only produce a negligible nutritional benefit compared to other alternatives.

Food Labelling Services comments: 

Advertising and promotional materials fall under the Food Information Regulations (EU) 1169/2011 and also the Health and Nutrition Claims Regulations. Only authorised claims that are registered on the Nutrition and Health Claims Register (NHR for GB, NHCR for EU) are permitted to be declared on packs or in advertising, and the product must meet all conditions of the claim. Likewise, all nutrition claims should be registered on the NHR or NHCR, and conditions of the claims fulfilled. It is imperative to ensure that all claims are compliant, and we suggest seeking advice from experts such as Food Labelling Services on www.foodlabellingservices.co.uk