Food and Drug Regulations (C.R.C., c. 870)

B.01.311. (1) Subject to subsections (2) and (3), no person shall, on the label of or in any advertisement for a food, make a representation, express or implied, concerning the action or effect of the food’s energy value or of a nutrient contained in the food.

(2) The label of or advertisement for a food may carry a statement or claim set out in column 1 of the table following section B.01.603.

(3) Subject to section B.01.312, the label of or advertisement for a food may carry a statement or claim to the effect that the food’s energy value or a nutrient contained in the food is generally recognized as an aid in maintaining the functions of the body necessary to the maintenance of good health and normal growth and development.

(4) If a statement or claim described in subsection (3) concerns a nutrient not listed in column 1 of the tables to sections B.01.401 and B.01.402, the amount of the nutrient contained in the food must be expressed on any part of the label in grams per serving of stated size.

(5) A statement or claim referred to in subsection (2) or (3) that appears on the label of a food shall be

• (a) in English and French; or

• (b) in one of those languages, if in accordance with subsection B.01.012(3) or (7) the information that is required by these Regulations to be shown on the label of the food may be shown in that language only and is shown on the label in that language.

B.01.312. (1) If a statement or claim described in subsection B.01.311(3) is made on the label of or in an advertisement for a food that is not a prepackaged product or in an advertisement for a prepackaged product that is not made or placed by or on the direction of the manufacturer of the product, the label or advertisement shall include a declaration, per serving of stated size, of

• (a) the energy value, if the energy value is the subject of the statement or claim; or

• (b) the amount of the nutrient, if a nutrient is the subject of the statement or claim.

(2) If the statement or claim is made in an advertisement other than a radio or television advertisement, the declaration referred to in subsection (1) shall be

• (a) adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and

• (b) shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.

(3) If the statement or claim is made in a radio advertisement or in the audio portion of a television advertisement, the declaration referred to in subsection (1) shall immediately precede or follow the statement or claim.

(4) If the statement or claim is made in a television advertisement, the declaration referred to in subsection (1) shall be communicated

• (a) in the audio mode, if the statement or claim is made only in the audio portion of the advertisement or in both the audio and visual portions; or

• (b) in the audio or visual mode, if the statement or claim is made only in the visual portion of the advertisement.

(5) If the declaration referred to in subsection (1) is communicated in the visual mode of a television advertisement, it shall

• (a) appear concurrently with and for at least the same amount of time as the statement or claim;

• (b) be adjacent to, without any intervening printed, written or graphic material, the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once; and

• (c) be shown in letters of at least the same size and prominence as those of the statement or claim, if the statement or claim is made only once, or the most prominent statement or claim, if the statement or claim is made more than once.