Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.


Please note that some examples in this advice document refer to cases which were investigated by the ASA prior to Brexit and the transition period.  Although these cases refer to the EU Register  rather than the GB (NHC) Register, the precedents established by those cases still apply.

Background and Brexit

This advice is primarily aimed at marketers planning to advertise in Great Britain. If ad campaigns are due to appear in Northern Ireland (in isolation or in combination with a campaign in Great Britain), CAP recommends that marketers obtain legal advice due to the complexities of the Northern Ireland Protocol (NIP) and its impact on the Regulation.

Following the UK’s exit from the EU (Brexit), Regulation (EC) 1924/2006, was brought into UK law by the European (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020.

Prior to Brexit, according to Regulation (EC) 1924/2006 on nutrition and health claims made on foods (the Regulation), only health and claims listed as authorised on the EU Register of nutrition and health claims (the EU Register) could be made in ads promoting foods. Nutrition claims were only permitted if they appeared on the Nutrition Claims Annexe.

From 1 January 2021, only health and nutrition claims authorised on the Great Britain nutrition and health claims register (the GB NHC Register) are permitted.   The rules set out in the Regulations are reflected in Section 15 of the CAP Code.

The situation in relation to making health claims for foods in marketing communications is complex and continues to develop. Because the Copy Advice team does not give legal advice, we cannot comment on transitional periods and/or the status of the legal framework which underpins Section 15. This article sets out general guidance about how the ASA is likely to be applying the advertising Codes only.

Please see this Department of Health and Social Care (DHSC) Guidance for detailed advice on compliance with Regulation (EC) 1924/2006

Health claims

A specific health claim may only be made in relation to a food if the claim is "authorised" and listed on the GB (NHC) Register (rule 15.1.1). A general health claim is a reference to a general benefit of a nutrient or food for overall good health or health-related well-being and must be accompanied by a specific authorised health claim (rule 15.2).

What kind of claim is “antioxidant”?

Is “antioxidant” an appropriate rewording of “contributes to the protection of cells from oxidative stress”?

Are there any circumstances where “antioxidant” could be used in an ad for food?

What about “on hold” claims?

What kind of claim is “antioxidant”?

The ASA has ruled that, because the term "antioxidant" refers to the function of a substance on the body, it is a specific health claim (PepsiCo International Ltd, 8 January 2014).

It’s worth noting that the ASA took into account the guidance provided by the Department of Health  in relation to the interpretation of “contains antioxidants” under the Regulation which underpins Section 15 of the CAP Code, and considered that the documents were clear that such claims were health claims which needed to be authorised on the EU Register (PepsiCo International Ltd, 8 January 2014) and now the GB (NHC) Register. In light of the PepsiCo ruling, use of the claim “antioxidant” should not be treated as a general health claim.

The ASA also ruled against the claim “antioxidant protection” because the advertiser was unable to provide evidence that it was listed as authorised on the EU Register (Water for Health Ltd, 27 May 2015). Similarly, “antioxidant repair” was ruled unacceptable (The Juice Garden, 15 June 2016) as was “Rich in Antioxidants” (vitaburncoffee.com, 24 July 2013).

Is “antioxidant” an appropriate rewording of “contributes to the protection of cells from oxidative stress”?

The ASA ruled that the claim "Vitamin C ... it's an antioxidant" was an unacceptable rewording because the claim did not convey to consumers the full meaning of the authorised health claim "contributes to the protection of cells from oxidative stress". The ASA did not agree with the argument that "antioxidant" and "protection from oxidative stress" were broadly synonymous (GlaxoSmithKline UK Ltd, 7 May 2014).

The claim “ANTIOXIDANT FAMILY Juice Smoothies loaded with nature's elite fighting force to defend your body against free radicals (those nasty little molecules that attack your cells and could have an impact on your overall health)” was found to exaggerate the meaning of the authorised health claim “Vitamin C contributes to the protection of cells from oxidative stress” and therefore breached rules 15.1 and 15.1.1 (PepsiCo International Ltd, 8 January 2014).

Please see 'Food: Specific health claims' for more detail in relation to what might be appropriate circumstances for changing the wording of authorised health claims.

Are there any circumstances where “antioxidant” could be used in an ad for food?

We understand that the European Commission and the Department of Health have indicated that where a nutrient is able to bear a specific authorised health claim which relates to protection from oxidative stress, it may be possible to refer to that nutrient as an “antioxidant” in order to aid consumer understanding as long as the authorised wording is not replaced.

What about “on hold” claims?

“Antioxidant” claims were the focus of the ASA’s first published ruling on an “on hold” claim for a botanical supplement; because the claim was "on hold" the ASA reviewed the evidence submitted by the advertiser. The ASA ruled that the "antioxidant" claims in the ad breached the Code because they exaggerated the claims submitted to EFSA. In addition, having reviewed the evidence, the ASA considered that the claims had not been substantiated (Pharma Nord (UK) Ltd, 10 December 2014).

Please see ‘Food: General’, ‘Food: Specific health claims’ and ‘Food: General health claims’.


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