Nutrition and health claims
What regulations apply to nutrition and health claims? Which formulations are allowed? Under which conditions can they be used? This page provides an overview of the legal framework and frequently-asked questions in this area.
What nutrition and health claims are allowed?
Nutrition and health claims may be displayed in text or visual form on food labels and in advertising. They can be made on a voluntary basis but must meet certain requirements to be allowed. This is designed to protect consumers from being misled. However, claims implying that a food can treat or cure a disease or medical condition are prohibited on foodstuffs.
Legal framework:
Questions and answers on nutrition claims
Nutrition claims are claims in text or visual form, including any kind of picture, graphic or symbol, which state, suggest or imply that a food has particular beneficial nutritional properties.
For example:
- ‘Source of calcium’
- ‘Sugar free’
- ‘Low fat’
Legal framework:
Art. 29 para. 1 FoodIO General provisions on nutrition claims
The permitted nutrition claims are listed in the FDHA Ordinance on Information on Foodstuffs (FoodIO). The wording is not specified. The same conditions of use also apply to any claim that is likely to have the same meaning for the consumer as the listed claim.
Legal framework:
Annex 13 FoodIO Nutrition claims and conditions for their use
Nutrition claims may only be made if they are listed in the FoodIO and meet the requirements. In addition to the described conditions of use, the general conditions must also be met. One of the requirements is that the nutrient or other substance is present in the end product in a significant amount or in the amount that has been shown to produce the claimed nutritional or physiological effects according to generally accepted scientific evidence. The amount of food that can reasonably be expected to be consumed provides a significant amount of the nutrient or substance.
Legal framework:
Annex 13 FoodIO Nutrition claim and conditions for their use
Art. 29 para. 3 FoodIO General provisions on nutrition claims
Art. 35 para. 2 let. a and b FoodIO General provisions on nutrition and health claims
No. Swiss food law does not set out an authorisation procedure for new nutrition claims.
Questions and answers on health claims
Health claims are claims in text or visual form, including any kind of picture, graphic or symbol, which state, suggest or imply that a relationship exists between a category of food, a food, or one of its constituents and health.
For example:- ‘Vitamin C helps protect cells from oxidative stress.’
- ‘Vitamin D helps maintain normal muscle function.’
- ‘Magnesium contributes to normal protein synthesis.’
Legal framework:
Art. 31 para. 1 FoodIO General provisions on nutrition claims
The permissible health claims are listed in the FoodIO. Health claims that are not listed require authorisation from the FSVO.
Legal framework:
Health claims may only be made if they are listed in the FoodIO and meet the requirements. In addition to the described conditions of use, the general conditions must also be met.
One of the requirements is that the nutrient or other substance is present in the end product in a significant amount or in the amount that has been shown to produce the claimed nutritional or physiological effects according to generally accepted scientific evidence. The amount of food that can reasonably be expected to be consumed provides a significant amount of the nutrient or substance.
In the case of a food supplement, the recommended daily dose must contain the significant amount.A general, non-specific health claim may only be used if accompanied by an appropriate permitted health claim. The non-specific health claim must not imply an effect that goes beyond the accompanying specific permitted claim.
Any claims implying that a food can prevent, treat or cure a disease or medical condition are prohibited.
Legal framework:
Chapter 2, Section12 FoodIO Nutrition and health claims
Art. 31 para. 2 FoodIO General provisions on health claims
Art. 35 para. 2 let. a and b FoodIO General provisions on nutrition and health claims
‘On hold’ health claims are claims that were submitted to the EU for assessment before January 2008 and on which the European Commission has yet to make a decision. These ‘on hold’ health claims primarily concern plants or parts of plants (botanicals). The transitional periods in accordance with Regulation (EC) No. 1924/2006 continue to apply to them in the EU until a decision is made.
‘On hold’ claims may be used in the EU under the responsibility of companies. However, they must comply with the general principles set out in Regulation (EC) No. 1924/2006 and the applicable national or European provisions.
As with all health claims, they must not imply that a food can prevent, treat or cure a disease or medical condition.
The fact that a health claim is on the ‘on hold’ list doesn’t necessarily mean that it may also be used in the EU.Legal framework:
Claims that are ‘on hold’ in the EU don’t have any special status in Switzerland. To be able to be used, a health claim must be listed in the Foodstuffs Ordinance or be authorised by the FSVO and meet all statutory requirements.
Legal framework:
Yes, it is possible to submit a request for authorisation of a new health claim.
In addition, the Foodstuffs Ordinance is regularly revised and new health claims that are permitted in the EU are added. However, a health claim that is authorised by the FSVO is only authorised in the EU if it is favourably assessed by the EFSA and approved by the European Commission.
Legal framework:
Beauty claims may be placed on foodstuffs, provided the statements are supported by scientific evidence. Responsibility for supplying the relevant scientific studies lies with the distributor as part of self-supervision in accordance with the Foodstuffs Act and the Ordinance on Foodstuffs and Utility Articles. Efforts must be made to ensure that the claims are not misleading. It is the responsibility of the cantonal food enforcement authorities to determine whether a claim in a specific case is backed up by sufficient scientific evidence or whether it is misleading. They must be able to access the scientific documents at all times.
A distinction must be made between beauty claims and health claims and this is not always easy. The claim must therefore be clear and there must be no confusion between beauty claims and potential health claims.
‘For glossy hair’ or ‘for white teeth’ can, for example, be considered beauty claims.
Legal framework:
Art. 26 FoodA Self-supervision
Federal Act on Foodstuffs and Utility Articles (FoodA)
Art. 74 FUAO Mandatory self-supervision
Ordinance on Foodstuffs and Utility Articles (FUAO)
Art. 18 FoodA Protection against deception
Pictures showing an organ are not automatically prohibited. However, they must be assessed on a case by case basis with regard to the product’s general external packaging. Depending on the case, it may be possible to view them as a non-specific health claim. Such claims may only be used if accompanied by an appropriate permissible health claim. Non-specific health claims must not imply an effect that goes beyond the accompanying specific health claim. Neither must they imply that a food can prevent, treat or cure diseases or conditions.
Legal framework:
Claiming that a nutrient or substance is present in the body or in a part of the body (for example in the bones, brain or muscles) suggests that this nutrient or substance has a role to play there. A case-by-case assessment must be carried out to determine whether this should be viewed as a non-specific health claim.
No, it is not permitted to ascribe an effect promoted in a health claim to a product if this effect can be attributed to a nutrient or other substance in that product. Health claims are authorised for the nutrient or substance for which the effect has been proven. It must always be clearly stated to which nutrient or substance the advertised effect can be attributed.
No. Health claims may not refer to a rate or amount of weight loss. Before and after photos are therefore not permitted.
Legal framework:
‘Contains antioxidants’ is a non-specific health claim. Such claims may only be used if accompanied by an appropriate permissible health claim.
Legal framework:
No. It is important for diabetics to eat a healthy and balanced diet based on the recommendations of the food pyramid that applies to population as a whole.
A claim suggesting that a specific product is suitable for diabetics may therefore be considered misleading and is therefore not permitted.The claims ‘prebiotic’ and ‘probiotic’ fall under the regulations for health claims. These claims should be assessed as references to non-specific benefits of a nutrient or a food for general health and health-related well-being. Such claims may only be used if accompanied by an appropriate permissible health claim.
Legal framework:
Questions and answers on the general provisions
Yes. Information on foods directed at healthcare professionals falls under the definition of ‘information on foods’ and must therefore comply with the relevant legal provisions. Healthcare professionals become ‘ambassadors’ when they provide information to their patients.
Legal framework:
Yes. If a connection can be established between information and a product, it can be deemed advertising or information on foodstuffs. It therefore falls under the scope of food law and must comply with its provisions.
If, for example, the website of a product contains a link to another website featuring health claims (relating to the product or the substances it contains), these claims must comply with the provisions of food law.
Legal framework: