Chapter 8: Sections 8.1-8.7 | Sections 8.7-8.14 | Annexes
[Sections 3 and 30]
Alcoholism
Alopecia (except hereditary androgenetic alopecia)
Anxiety state
Appendicitis
Arteriosclerosis
Arthritis
Asthma
Bladder disease
Cancer
Convulsions
Depression
Diabetes
Disease of the prostate
Disorder of menstrual flow
Dysentery
Edematous state
Epilepsy
Gall bladder disease
Gangrene
Glaucoma |
Gout
Heart disease
Hernia
Hypertension
Hypotension
Impetigo
Kidney disease
Leukemia
Liver disease (except hepatitis)
Nausea and vomiting of pregnancy
Obesity
Pleurisy
Rheumatic fever
Septicemia
Sexual impotence
Thrombotic and embolic disorders
Thyroid disease
Tumor
Ulcer of the gastro-intestinal tract
Venereal disease |
Background
Historically, representations such as the use of "heart" symbols
and statements such as "heart healthy" on food labels or in
advertising have been considered likely to offend the Food and Drugs Act because
they can be potentially misleading under subsection 5(1) and/or may represent the product
as a preventative for heart disease [3(1), FDA].
As a result of the work of the Ad Hoc Intersectoral Committee on Health Information
Programs Involving the Sale of Foods and on the Use of Nutrition Recommendations in Food
Labelling and Advertising, policies were issued on March 1, 1991 under the title "Guidelines
for Health Information Programs Involving the Sale of Foods"
One of the policies contained in this document addressed label and advertising claims
relating to disease prevention. This policy statement reiterated the government's
commitment to upholding section 3 of the Food and Drugs Act, confirmed that the
practice of relating a specific food product to disease prevention is prohibited under
section 3 of the Act and described several situations in which the food industry could
deliver information on disease prevention without offending section 3. The document did
not, however, specifically address the issue of the use of "heart"
symbols and "heart health" claims in food
labelling and advertising.
The following policy is intended to further clarify the position concerning the use of
"heart" symbols and "heart health"
claims, and complements the more general policies of the aforenoted Ad Hoc Intersectoral
Committee on Health Information Programs.
Scope
The policy will apply to the use of "heart" symbols
and "heart health" statements or claims on food labels and food
advertisements.
Policy
1. Heart Symbols
Representations which state, suggest or imply that a particular food is
nutritionally superior to or healthier than other foods are considered misleading, since
one's entire food intake, not a single part of it, is the critical variable in determining
the nutritional adequacy of the diet and its contribution to reducing risk for chronic
disease. Accordingly, the use of heart symbols in food labelling or advertising (including
the "hearting" of restaurant menu items), may create an erroneous impression
regarding the merit or value of the food by suggesting that consumption of the specific
food or menu selection will, by itself, provide health as it relates to the heart and
cardiovascular system. As the use of these symbols in this manner is considered to
constitute a potential violation of subsection 5(1) of the Food and Drugs Act,
they should not be used.
A heart symbol which appears in the logo/word mark of, or is used in
conjunction with, the name of a non-governmental health organization, or a health
information program of a health organization, may be acceptable on a food
label or in a food advertisement on condition that: (a) no impression is given that the
food may help prevent heart disease, and (b) the appearance of the health organization's
name or logo itself satisfies the conditions outlined in the "Policy on the
Use of Third-Party Endorsements, Logos and Seals of Approval".
No objection will be taken to heart symbols used in a manner
traditionally-recognized as indicating affection or endearment, e.g., heart shapes on the
label of Valentine candies.
2. "Heart Healthy", "Heart Healthy (Naming the Food)" or
"Heart Healthy Choice" Statements or Claims
As in the case of heart symbols, the use of the term "heart healthy"
to describe a food or food choice in food labelling and advertising, may create an
erroneous impression regarding the merit or value of the food, by suggesting that it will,
by itself, provide heart health. As such terms are considered to constitute a potential
violation of subsection 5(1), FDA, they should not be used.
3. "Heart Healthy Eating" or "Heart Healthy Diet"
The use of the terms "heart healthy eating" or "heart
healthy diet" on the labels and/or in the advertisements for specific foods
(e.g., "choose X-brand margarine for your heart healthy diet")
may give an erroneous impression about the merit or value of the subject food(s).
Objection is taken to the use of these terms in association with individual foods for the
following reasons:
the consumer may incorrectly conclude that the food itself is "good
for the heart" or that it has particular usefulness in providing heart health;
health authorities agree that a single pattern of healthy eating should
be recommended to the public to meet the needs for essential nutrients while minimizing
risk for chronic disease. The term "heart healthy diet"
suggests and promotes the concept of disease- or organ-specific patterns of eating; this
is considered confusing and potentially misleading to the public;
a healthy diet may help reduce the risk of cardiovascular disease, but it
is only one factor in the multiple etiology of the disease. Promotion of a "heart
healthy" diet to the exclusion of other lifestyle factors in the labelling and
advertising of a food, may give an erroneous impression of the impact of both the diet and
that food on heart health.
4. Misleading Words or Phrases Employing the Term "Heart"
Objection is taken to the use of terms employing the word "heart",
such as "heart beat", "whole hearted"
and "heart smart" to describe individual foods, menu selections
or patterns of eating, where the use of such terms or phrases suggests or implies that the
food or diet is "heart healthy".
Terms employing the word "heart" may be
acceptable as part of the name of an information program of a health organization provided
the program is identified as such, e.g., "the Heart Smart program is a public
education program of the Heart and Stroke Foundation of Canada".
Implementation
Steps should be taken by food manufacturers, importers and marketers to ensure the
correction of domestic and imported product labels, advertisements and menus now bearing
heart symbols and heart health statements or claims in contravention of this policy.
In this regard, the removal or correction (i.e., over-stickering) of existing heart
symbols as per item #1 and label or menu claims as per items #2, 3 and 4 will be expected
within six months from the date of this policy or at the time of next label or menu
printing, whichever occurs first. The subject symbols and claims should not be used on new
labels, menus or advertisements produced subsequent to the date of this policy.
In the case of the " Heart Smart" Restaurant Program of the Heart and Stroke
Foundation of Canada, a new program is currently being introduced which is in keeping with
this policy. Restaurants are being informed of the changes by the provincial Heart and
Stroke Foundations, and no additional corrective action is required at this time.
Food Directorate
Health Protection Branch
Health Canada
Food Division
Consumer Products Branch
Consumer and Corporate Affairs Canada*
October 9, 1992
_______________
* Consumer and Corporate Affairs ceased to exist as of June 25, 1993. Its
responsibilities respecting food labelling and advertising were transferred to Agriculture
and Agri-Food Canada and later, on April 1, 1997, to the Canadian Food Inspection Agency.
The former Food Division is now known as the Bureau of Food Safety and Consumer
Protection, CFIA.
The following historical policy documents are the basis of the information provided in
this chapter.
Guide for Food Manufacturers and Advertisers. Consumer Products
Branch, Consumer and Corporate Affairs Canada, Revised Edition, 1988.
Guidelines on Nutrition Labelling. Food Directorate, Health
Protection Branch, Health and Welfare Canada, November 1989.
Canadas Guidelines for Healthy Eating in Nutrition
Recommendations ... A Call for Action. Health and Welfare Canada, 1989.
Guidelines for Health Information Programs Involving the Sale of
Foods. Food Directorate, Health Canada, March 1995.
General Principles for Labelling and Advertising Claims that Relate
to the Nutrition Recommendations and Canada's Food Guide to Healthy Eating (GP). Food
Directorate, Health Canada, revised December 1993; and Guidelines
on the Application of the General Principles. Food Division, Consumer and Corporate
Affairs Canada, April 1993.
Policy Advertising Claims Relating to Nutrition
Recommendations made by Organizations which do not Control Food Packaging or Labelling (OWLs).
Food Division, Agriculture and Agri-Food Canada, December 1995.
Policy Educational Material versus Advertising Material.
Food Division, Consumer and Corporate Affairs Canada, March 1991.
Policy on the Use of Third-Party Endorsements, Logos, and Seals of
Approval. Food Division, Consumer and Corporate Affairs Canada, March 1991.
Policy Respecting the Use of Heart Symbols and Heart Health Claims on
Food Labels and in Food Advertisements. Food Division, Consumer and Corporate Affairs
Canada, October 1992.
Nutrition Recommendations for Canadians in Nutrition
Recommendations, The Report of the Scientific Review Committee (SRC Report).
Canadian Government Publishing Centre, Public Works and Government Services Canada,
Ottawa, 1990.
IL 793 Guidelines for Foods Represented for Use in Achieving
and Maintaining Healthy Body Weights. Food Directorate, Health Canada, April 1991.
Chapter 8: Sections 8.1-8.7 | Sections 8.7-8.14 | Annexes
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