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Formulated Liquid Diets
Guide to Food Labelling and Advertising. If the Malibu Beach 2 Day Diet
says it's "clinically tested and approved", who did the studies, and if
they were done by doctors, then they are making medical claims.
Apparently, there are a number of U.S. doctors who endorse the product and appear in the
infomercial produced by the manufacturer. That by itself is a warning to anyone, the words
"U.S. doctor" and "infomercial".
Hollywood Health & Beauty, the Mississauga, Ontario importer
of the product from the U.S. claims in the ad that "formula has been specially blended
to supply your body with all the required Vitamins and Nutrients it needs"
So, they should come under these Canadian regulations that clearly state that: "A
formulated liquid diet is required to be a complete substitute for the total diet in
meeting the nutritional requirements of a person (B.24.102).
It is not permitted to be advertised to the general public (B.24.100)."
7.3 Third-Party Endorsements, Logos and Seals of Approval (see Annex 6, Appendix II) (Amended 31/01/97)
The use of the name, logo, symbol, seal of approval or other propriety mark of a third-party
organization on a food label or in an advertisement, may be perceived by consumers as an
endorsement of the food.
Third-party endorsements may be considered misleading because a food bearing an endorsement
can be perceived as being superior in terms of health, safety and/or nutrition.
7.11 Disease Prevention and Drug-Like Claims
Although there is no specific prohibition against the advertising of a food(s) for the prevention
or cure of diseases other than those shown under Schedule A, such claims bring the food within
the definition of a drug under the Food and Drugs Act, section 2, which defines a drug as "any
substance or mixture of substances manufactured, sold or represented for use in:
a. The diagnosis, treatment, mitigation or prevention of a disease,
disorder, abnormal physical state, or the symptoms thereof, in man or animal;
b.restoring, correcting or modifying organic functions in man or animal."
7.12 Obesity: Diet Plans
Since obesity is included in Schedule A of the Food and Drugs Act, foods may not be advertised as
a treatment, preventative or cure. However, a distinction has been made between being obese and
being overweight. For the purposes of Schedule A, anyone with a body mass index in excess of 37
is considered to be suffering from obesity.
The only foods allowed to be advertised for use in weight reduction plans are described under
Division 24 of the Food and Drug Regulations (see Foods for Special Nutritional Purposes,
Section 7.15), and are:
7.15.1 Foods for Special Dietary Use [FDR, Division 24]
The compositional and labelling requirements for "foods for special dietary use" contained
in the Regulations are detailed and explicit. A "food for special dietary use" is defined
in section B.24.001 of the Regulations as a food that has been specially processed or formulated
to meet the particular requirements of a person:
in whom a physical or physiological condition exists as a result of a disease, disorder or
injury; or for whom a particular effect, including but not limited to weight loss, is to
be obtained by a controlled intake of foods.
7.6 Testimonials and Guarantees Regarding Vitamins and Mineral Nutrients
In an advertisement or on a label of a food that is represented as containing a vitamin or
mineral nutrient, it is prohibited to give any assurance or guarantee of any kind with
respect to the result that may be, has been or will be obtained by the addition of the
vitamin or mineral nutrient to a person's diet. It is also prohibited to refer to,
reproduce or quote any testimonial (D.01.012, D.02.008, FDR).
Guarantees should not be used in conjunction with nutritional or therapeutic claims.
The Food and Drugs Act and Regulations do not permit manufacturers or advertisers to
guarantee satisfaction nor to give assurances regarding results to be obtained from the
addition of vitamins or other nutritional elements to the diet. Thus, a claim such as
"Drink Sunlite orange juice every day to be sure that you will never lack vitamin C"
would not be allowed in a food advertisement (D.01.012 and D.02.008, FDR and subsection
52.(1)of the Competition Act).
Criteria Determining Enforcement Priorities
where a Food Additive(s) that is also Vitamin or Mineral Nutrient is Used in a Food.
Division 3, Part D, Food and Drug Regulations (FDR) governs the addition of vitamins
and mineral nutrients to foods for fortification purposes. These requirements apply
in all cases where a vitamin or mineral nutrient has been added to a food and a
representation (statement or claim) is made to this effect.
The disclosure of objective and accurate information on a food label or in a food
advertisement is an important factor in enabling consumers to make informed food choices.
However, statements and claims on food labels and in food advertising which are directed to promoting
the marketing of a food on the basis of its nutrient content would be considered a violation of Division 3,
Part D of the Food and Drug Regulations, where the nutrient content derives from the addition of a
non-permitted vitamin or mineral nutrient.
Section VI: Nutrient Content Claims
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