ASA rules on unauthorized prebiotic health claim
UK
Aug 09, 2023
The Advertising Standards Authority (ASA) has been called to rule on the use of the claim “contains natural prebiotic chicory root fibre, helping support digestive health by increasing levels of important bacteria living in your gut, nourishing your gut microbiota” appeared on Kellogg’s website for the “All-Bran Prebiotic Oaty Clusters”.
According to the authority, the claim breaches the Code since it is a specific health claim, not authorised on the Great Britain Nutrition and Health Claims Register (GB NHC Register).
Kellogg’s has based its defense on the 2015 EFSA opinion on the proprietary claim for native chicory root inulin in relation to bowel function, which is authorised on the GB NHC Register and which Kellogg’s claim wording is mirroring. EFSA opinion – Kellogg’s has argued - states that chicory inulin stimulates bacterial growth in the gut and increases bacterial cell mass. However, according to ASA, EFSA has not established that increasing levels of certain bacteria in the gut are beneficial to digestive health. Therefore, Kellogg’s advertising has been considered breaching CAP Code (Edition 12) 15.1, and 15.1.1 (Food, food supplements and associated health or nutrition claims).
It should be reminded that EFSA opinions are merely scientific opinions not legally binding. Only approved health claims in Commission Regulation (EU) No 432/2012 (for European Union) and in the GB NHC Register (for UK) can be legally used.
For further information (in English), click on the Link
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