UK guidance on nutrition and health claims implied by trademarks (Article 28)
Department of Health and Social Care guidance explains that nutrition or health claims implied by a trademark or brand name must be accompanied by a related authorised claim, and that a transition period for trademarks existing before 1 January 2005 ends on 19 January 2022. [1]
Automatic summary · not editorially reviewed
The key findings
Nutrition or health claims implied by a trademark, brand name or fancy name must be accompanied by a related authorised claim. [1]
The transition period for trademarks or brand names existing before 1 January 2005 ends on 19 January 2022. [1]
After that date the Regulation applies regardless of when the trademark or brand name was introduced. [1]
The source at a glance
- Jurisdiction
- UK
- Authority
- Department of Health and Social Care
- Document type
- Guidance
- Record type / format
- Guidance
- Scope / context
- Food business operators that manufacture, process, distribute, use, sell or import foods with claims implied by trademarks or brand names, and local authorities enforcing the legislation.
- Summary based on
- Official regulatory document
- Original publication
- November 10, 2021
DHSC guidance on claims implied by trademarks
This is official guidance from the Department of Health and Social Care for the United Kingdom, first published and publicly updated on 10 November 2021. It concerns nutrition and health claims made on foods under the retained Regulation (EC) No 1924/2006, and the equivalent Regulation as applicable in Northern Ireland. The excerpt states that any nutrition or health claim implied by a trademark, brand name or fancy name in labelling, presentation or advertising must be accompanied by a related authorised nutrition or health claim. It is aimed at food business operators that manufacture, process, distribute, use, sell or import such foods, and at local authorities enforcing the legislation.
Supporting source [1]
Transition period ending 19 January 2022
According to the excerpt, the transition period for food products with nutrition or health claims implied by a trademark or brand name that existed before 1 January 2005 ends on 19 January 2022. After that date, the provisions of Regulation (EC) No 1924/2006 apply irrespective of when the trademark or brand name was introduced. Existing trademarks or brand names suggesting health or nutrition benefits that do not meet the Regulation's requirements must be phased out and removed from the market. Operators using a trademark or brand name that is also a nutrition or health claim must ensure that after 19 January 2022 it is accompanied by a related claim complying with the Regulation.
Supporting source [1]
Status, devolved scope and enforcement notes
The document describes itself as guidance, not an authoritative statement of how the law should be interpreted, which it says would be for a court to determine. Nutrition and health claims legislation is described as a devolved matter for the UK; the notes were developed by DHSC and specifically refer to England, while the principles are described as similar throughout Great Britain (Scotland and Wales). Under the Protocol on Ireland and Northern Ireland, EU legislation on nutrition listed in Annex 2 continues to apply directly in Northern Ireland, and equivalent guidance is to be issued for Scotland, Wales and Northern Ireland. The excerpt says businesses remain responsible for their own compliance and may consult their local enforcement agency.
Supporting source [1]
How to interpret this
Document summary; not a determination of current law. This is guidance, not an assessment of any specific product or provider. The excerpt may omit conditions or later sections; check the full current document, its territorial scope and linked legislation.
Based on the cited official document. Its jurisdiction, document type and effective date matter; a proposal or notice is not a rule already in force.
Source & supporting passages
Department of Health and Social Care · gov.uk · November 10, 2021