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- 41 - Appendix 1 Policy Guideline Claims Classification Framework From Page 25 of P293 Initial Assessment Report Nutrition, Health and Related Claims. See Section 5.3 of P293 for further detail on the Claims Classification Framework.

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Page 1: Food Standards Australia New Zealand - From Page 25 of P293 … · 2018. 6. 27. · food categories was reduced to 70% of that initially calculated. Two and a half percent of the

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Appendix 1 Policy Guideline Claims Classification Framework From Page 25 of P293 Initial Assessment Report Nutrition, Health and Related Claims. See Section 5.3 of P293 for further detail on the Claims Classification Framework.

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Appendix 2 Checklist for Assessment of Nutrition, Health and Related Claims

Checklist Heading Explanation of data entered 1. Code Used This describes whether the food product label is being

assessed against the Old or New Food Standards Code requirements

2. Is there a Claim? Determines whether a nutrition, health or related claim appears in the label.

3. Type of claim Claims are classified as nutrition content or health claim, or both

4. Which Component is claimed? If there is a claim, the component of the food the claim relates to is listed eg., fat, salt, biomarkers, probiotics, gluten, vitamins, minerals etc across several columns, in alphabetical order.

5. What nutrient content claim is made?

This includes data that are already in 4 and 26 (of this table), but it only lists the nutrient or ingredient that relates to the general or high level claim.

6. Under which Regulation? A drop-down box provides the options for different Food legislation or guidelines that the claim may fall under.

7. Code Nutr. Claims Fat Claims relating to poly or mono unsaturates & omega-3, 6 or 9

8. Code Nutr. Claims Joule Claims relating to low Joule/Calorie/Energy

9. Code Nutr. Claims Lactose Claims relating to Lactose, free, low, reduced

10. Code Nutr. Claims Gluten Claims relating to Gluten, free, low

11. Code Nutr. Claims Sodium Claims relating to Sodium, low

12. CoPoNC Fat Claims relating to absolute or comparative claims referenced in CoPoNC, with drop-down box options for consistency. Numerical flags have been added for ease of interrogation of the data and consistency of the future data collected.

Reduced fat, Low fat, Fat free, X% Fat free, Low in saturated fat, Reduced saturated fat.

13. CoPoNC Cholesterol Claims relating to absolute or comparative claims referenced in CoPoNC, with drop-down box options for consistency: Reduced cholesterol, Low cholesterol, Cholesterol free

14. CoPoNC Sugar Claims relating to absolute or comparative claims referenced in CoPoNC, with drop-down box options for consistency: Reduced sugar, Low sugar, Sugar free, No added sugar, Unsweetened

15. CoPoNC Fibre Claims relating to absolute or comparative claims referenced in CoPoNC, with drop-down box options for consistency:

High in fibre, Source of fibre, Excellent source of fibre, Fibre increased, Fibre added

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16. CoPoNC Salt Claims relating to absolute or comparative claims referenced in CoPoNC, with drop-down box options for consistency:

Salt/Sodium free, Low salt/Sodium, Very low salt/sodium, Reduced salt/sodium, No added salt/sodium

17. CoPoNC Energy Claims relating to absolute or comparative claims

referenced in CoPoNC, with drop-down box options for consistency:

Low Energy/Joule/Calorie, Reduced Energy/Joule/Calorie

18. CoPoNC Lite etc Claims relating to absolute or comparative claims referenced in CoPoNC, with drop-down box options for consistency:

Light/Lite, ‘Diet’, X% Free (other than fat)

19. General Level Claim? Options are provided for the type of General Level claim made on the product (function or enhanced function claim): Absolute content, Comparative content, Function, Enhanced Function, Risk Reduction (non-serious), Other.

20. Is it a High Level Claim Options are provided for the type of High Level claim made on the product: Biomarker enhancement, Risk Reduction (serious), Other.

21. Explicit Claim If the claim is made Explicitly through use of words, this must be indicated

22. Exact Words The exact wording of the claim is recorded in this column

23. Implied Claim For implied claims, a list of options is provided: Symbol/graphic, Endorsement, Trade or Product Name, Cause related marketing, Point of sale material, Other

24. Details of Implied Claim Details of the implied claim eg. type of graphics or symbol are captured and/or?, trade name words etc are recorded

25. Details of Health Benefit Claimed

If the product makes a Health Benefit claim, the benefits claimed are described eg. energy, brain function, bones, bowel etc

26. Nutrient or substance health claim refers to

The nutrient or ingredient the health claim relates to, including multiple nutrients or substances are listed here.

27. Claim Criteria Consistent? Yes or No options are provided to rate whether the regulatory requirements for the claim are consistent.

A labelling inconsistency numeric code will be input at this point to assist with comparison of data.

28. Details of inconsistent criteria If the answer above is no, details of the inconsistency will be recorded in the spreadsheet.

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Appendix 3 Food Label Collection Method (Excerpt from Food Label Monitoring Survey Phase 1 Pilot Report- Silliker Microtech Pty Ltd Report, Canberra) i) Sample size To determine the appropriate sample size, stock keeping unit (SKU) lists were obtained from supermarket and retail outlets across Australia and New Zealand. These SKU lists were analysed and grouped according to their inter-company relationship. From these lists, the total size in terms of the variety of products available in each pre-determined sub-minor food category was estimated. The cross over between Australia and New Zealand SKUs (i.e. the number of SKUs available in both countries) was estimated as 30% of the total number of SKUs available in Australia. In order to account for this, the number of required samples for Australian food categories was reduced to 70% of that initially calculated. Two and a half percent of the total SKUs for any given sub-minor food category was chosen as a sampling quota. In cases where a sub-minor food category was small (less than 100 SKUs), a minimum of two samples was taken. The total number of samples to be taken was calculated as 1284: 733 from Australia and 551 from New Zealand however, due to the unavailability of some samples (e.g. royal jelly in New Zealand), the total number of samples purchased was 1273 (99% of the target). Of these, a total of 1,266 labels were assessed, as some products with the same product brand and product name were purchased in both New Zealand and Australia (99% target). For products to be sampled within Australia, the most extensive SKU data supplied by any one chain were used to estimate the proportion of specialty, generic, and state specific brands available in each sub-minor food category to ensure that a representative sample of brand type was obtained. The SKU data received for New Zealand were not as extensive as that from Australia and thus, analysing for brand types proved difficult. Therefore, to ensure the sampling of a variety of brand types (namely national and generic), sampling was undertaken in both the North and South Islands and split between the three principal supermarket chains. SKU data were not comprehensive enough to allow categorisation of products in terms of specificity to either the North or South Island.

Once the sample quota for each brand type per sub-minor food category had been established as above, individual foods for inclusion in the survey were chosen by convenience sampling (non-random). However, samples from as many different manufacturers as possible were chosen, without consideration for their market share within each category. For example, for the minor food category of edible oils, it was observed that there are a number of manufacturers, but the market is dominated by a small number of manufacturers whose brand name is associated with a variety of SKUs (oil types and pack sizes) that were likely to have been labelled in the same manner. Sampling products made by a range of manufactures rather than proportional to the number of SKUs provided a wide range of food labels to assess for consistency with the new Code in that minor food category.

ii) Sample collection Samples within food categories were selected off store shelves, purchased and recorded in sampling lists. Food products were collected until the quota for any given food category was filled.

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a) Sample collection in Australia A large proportion of samples were initially purchased in metropolitan Victoria, the majority of which were nationally branded and generic branded products. For state specific products in Australia, samplers purchased products within this brand type category in Victoria, New South Wales, Queensland, South Australia, Western Australia and Tasmania. All samplers received a state specific product list for their respective state. This list indicated the number of products the sampler was to purchase within each sub-minor food category and the state specific brands that were to be chosen from. For example, for the minor food category of cheese, a single sample of the following state specific brands could be purchased in South Australia:

• Cosmo Dairy • Farmers Union • Watsonia Dairy • Capel Dairy • Kangaroo Island

Samplers were asked to purchase those state specific brands/products that were easy to find within local supermarket/s. Where products were hard to find, supermarkets were contacted, and asked if any of the listed state specific products were stocked at nearby stores. If state specific brands were stocked, samplers were asked to purchase a specific state specific brand at the alternative store. In addition to a state specific product list, samplers received a sampling list to record products purchased, and prompt sheets to assist in the purchasing of products considered difficult or confusing to identify (e.g. formulated supplementary foods). Specialty products were sought from retail outlets chosen for their ethnic product range, their specialized product range, and their wide range of product lines or their innovative product lines. In Australia, these types of products were generally purchased within metropolitan Victoria. The remainder of products (including imported products) to be sampled within Australia were primarily purchased from metropolitan Victoria and New South Wales.

b) Sample collection in New Zealand As with Australia, samplers were recruited in both the North and South Island, and a sampling list and prompt sheet were provided. Sampling was undertaken in metropolitan Auckland and Christchurch; and in surrounding rural areas of Ashburton; Methven; and Timaru. Sampling was split between the three principal supermarket chains. Due to the limited information provided for New Zealand SKUs, guidance in terms of ‘state or regional specific’ products was not given as it was not possible to assess the status of products for this brand type category for New Zealand.

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iii) List of Product Labels Collected

Code Category No. of SamplesDairy 1.1 Milk 29 1.2 Cream 12 1.3 Dried Milk 11 1.4 Cheese 34 1.5 Dips 10 1.6 Yoghurt 20 Edible Oils & Emulsions 2.1 Edible Oils 17 2.2 Butter 4 2.3 Margarine 5 2.4 Dairy Spreads 4 Ice Cream & Edible Ices 3.1 Ice Cream 24 3.2 Ice Confectionery 12 3.3 Frozen Yoghurt 4 Fruit & Vegetables 4.1 Canned Fruit 19 4.2 Fresh packaged fruit 3 4.3 Fresh packaged vegetables 12 4.4 Canned Vegetables 17 4.5 Nuts & Seeds 14 4.6 Jams & Spreads 27 4.7 Herbs & Spices 21 4.8 Dried/Candied Fruits 12 4.9 Dried Vegetables 13 4.10 Pickled Fruit 3 4.11 Pickled Veg 6 4.12 Frozen Fruit 4 4.13 Frozen Vegetables 9 Confectionery 5.1 Chocolate & Cocoa Products 31 5.2 Sugar Confectionery 41 5.3 Chewing gum 4 Cereal & Cereal Products 6.1 Unprocessed cereals 8 6.2 Flours 7 6.3 Processed Cereals 16 6.4 Cereal bars 16 6.5 Noodles & pasta 28 Bread & Bakery Products 7.1 Breads 62 7.2 Biscuits 53 7.3 Cakes & muffins & pastries 45 Meat & Meat products 8.1 Processed whole meat products 59 8.2 Comminuted meat 33 8.3 Canned meat 4

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Code Category No. of SamplesFish & Fish products 9.1 Packaged processed fish & fillets 10 9.2 Semi preserved fish & fillets 7 9.3 Preserved fish 18 Eggs & egg products 10.1 Eggs & egg products 8 Sugars, honey & related products 11.1 Sugar 5 11.2 Honey 7 11.3 Tabletop sweeteners 4 11.4 Royal jelly 3 11.5 Icing & frosting 4 Food for particular dietary use 12.1 Infant formula 4 12.2 Food for infants 8 12.3 Supplementary foods for children 4 12.4 Formulated meal replacements 4 12.5 Formulated supplementary foods 4 12.6 Formulated supplementary sports foods 4 Non-alcoholic beverages 13.1 Waters 6 13.2 Fruits & vegetable juices 28 13.3 Fruit & vegetable juice drinks 20 13.4 Soft drinks 23 13.5 Formulated caffeinated beverages 4 13.6 Cordials 12 13.7 Electrolyte drinks 3 13.8 Electrolyte drink base 4 13.9 Coffee 17 13.10 Tea 10 13.11 Herbal infusions 7 Mixed foods 14.1 Mixed non-alcoholic drinks 4 14.2 Desserts 27 14.3 Mayonnaise & salad dressings 10 14.4 Sauces 95 14.5 Soups 25 14.6 Meat products 20 14.7 Pre-prepared meals 44 14.8 Pizza 12 14.9 Snacks 48 Total 1266

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Appendix 4. Raw data per food category Appendix 4.1 Dairy Products In Food Category 1, Dairy Products, 112 labels were assessed and 77 labels (69%) featured nutrition, health or related claims (Table A1). The 61 Dairy Product labels collected in Australia accounted for 54% of all Category 1 labels, with 74% (n=45) of these carrying a claim. On labels collected in New Zealand, 32 (63%) Dairy Product labels carried claims. Of the Dairy Product labels collected in Australia that carried a claim, all had nutrition claims, while health claims were present on only 12 (27%) of these labels. Of the Dairy Product labels collected in New Zealand that carried a claim, all had nutrition claims, while health claims were present on only 9 (28%) of these labels. Table A1. Summary of Dairy Product labels collected in Australia and New Zealand

Of the 45 Dairy Product labels collected in Australia that featured nutrition claims, 42 (93%) displayed general level absolute content claims, while 10 labels (22%) featured comparative content claims (Table A2). Twelve Dairy Product labels collected in Australia had general level health claims. Eight labels with health claims featured endorsements associated with health, namely the National Heart Foundation Tick. Two labels had function claims and one had an enhanced function claim. One label featured a Lifestage claim. Of the 32 Dairy Product labels collected in New Zealand that featured nutrition claims, 28 (88%) displayed general level absolute content claims, while only 8 (25%) featured comparative content claims. Nine Dairy Product labels collected in New Zealand had a total of 10 general level health claims. Three labels with health claims featured endorsements associated with health, namely the National Heart Foundation Tick. Three labels had function claims and three labels had enhanced function claims. The product name of one New Zealand label was assessed as a general level health claim, with the exact wording as follows:

‘Top Full Bodied Nutritious Fresh Milk’.

Australia New Zealand Total Number of labels sampled 61 51 112 Labels with Claims 45 32 77 Labels with Nutrition claims only 33 23 56 Labels with Health claims only 0 0 0 Labels with both health & nutrition claims 12 9 21

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Table A2. Summary of number of Dairy Product labels with claims assessed against the proposed classification framework

Table A3 shows 6 nutrition claims on Dairy Product labels collected in Australia and New Zealand made claims that were assessed against the provisions of the Food Code for claims relating to certain substances. Two of these were related to lactose content, and four claims related to sodium content. Table A3. Breakdown of nutrition claims made on Dairy Product labels assessed against Standard 1.2.8 (Division 3) Food Code Nutrition Claims Australia New Zealand Total Fat – Poly & Mono Unsaturated Fat – Omega claims

0 0

0 0

0 0

Joule 0 0 0 Lactose 1 1 2 Gluten 0 0 0 Sodium 3 1 4

Twenty-five nutrition claims on Dairy Product labels collected in Australia were assessed against CoPoNC, with the breakdown of claim types provided in Table A4. The majority of these claims related to fat content, with 6 ‘X% Fat free’ claims, 4 Low fat and 4 Reduced fat claims assessed.

Australia New Zealand Total General Level Claims - Nutrition Labels with Absolute claims only 35 24 59 Labels with Comparative claims only 3 4 7 Labels with both Absolute & Comparative claims 7 4 11

General Level Claims - Health Labels with Function claims 2 3 5 Labels with Enhanced Function claims 1 3 4 Labels with Risk reduction (non-serious) claims 0 0 0 Labels with Whole of Diet claims 0 0 0 Labels with Lifestage claims 1 0 1 Labels with Endorsements (Heart Tick) 8 3 11 Labels with health-related Trade marks & Product Names 0 1 0 Labels with health-related Symbols/Graphics 0 0 0

High Level Claims Labels with Biomarker maintenance claims 0 0 0 Labels with Biomarker enhancement claims 0 0 0 Labels with Risk reduction (serious disease) claims 0 0 0

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Table A4. Breakdown of CoPoNC claims made on Dairy Product labels collected in Australia

CoPoNC claims Australia Fat – Reduced fat

– Low fat – X% Fat Free – Low in saturated fat

4 4 6 0

Cholesterol – Low cholesterol – Cholesterol free

0 0

Sugar – Reduced sugar – Low sugar – Sugar free – Unsweetened – No added sugar

0 1 0 1 0

Dietary Fibre – Source of fibre – Excellent source of fibre – High fibre – Fibre increased

0 0 0 0

Salt – Low salt – Very low salt – Reduced salt – No added salt – Salt free

0 0 1 2 0

Energy – Low energy – Reduced energy

0 0

Other claims – Lite/Light – “Diet” – X% free other than fat

6 0 0

Table A5 shows there were 19 claims on Dairy Product labels assessed as inconsistent with the relevant labelling provisions. These were primarily due to the absence of information about the Recommended Daily Intake of nutrients as required by Standard 1.3.2, where a claim is made in relation to the presence of a vitamin or mineral in a food. Thirteen labels collected in Australia and 2 labels collected in New Zealand were missing this information. The following claim was assessed as a prophylactic claim:

‘Easi-Yo Bio-life actively helps build the natural defence in the intestine against harmful microbes by replenishing and maintaining these essential abc cultures in the body.’

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Table A5. Summary of claims on labels collected in Dairy Product labels that were assessed as inconsistent with the relevant labelling provisions Australia New Zealand Label Provision

Number of inconsistent claims

Reason Number of inconsistent claims

Reason

CoPoNC 0 0

X% Fat Free Reference to whole of class absent

n/a n/a

X% Fat Free Reference to whole of class absent

Std 1.2.8 1 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in PanelNutrient not in Panel

0 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in Panel Nutrient not in Panel

Std 1.3.2 13 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

2 0 0 1 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

Std 1.1A.2

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

1 0 1 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

NZDSR n/a Treating or preventing a disease

0 Treating or preventing a disease

Total 14 5 n/a = not applicable

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Appendix 4.2 Edible oils and emulsions In Food Category 2, Edible oils and emulsions, 30 labels were assessed and 21 labels (70%) featured nutrition, health or related claims (Table A6). The 19 Edible oils and emulsions labels collected in Australia accounted for 63% of all Category 2 labels, with 79% (n=15) of these carrying a claim. On labels collected in New Zealand, 55% (n=6) Edible oils and emulsions labels carried claims. Of the Edible oils and emulsions labels collected in Australia that carried a claim, all had nutrition claims, while health claims were present on 6 (40%) of these labels. Of the Edible oils and emulsions labels collected in New Zealand that carried a claim, all had nutrition claims, while health claims were present on 3 (50%) of these labels. Table A6. Summary of labels from Edible oils and emulsions collected in Australia and New Zealand

Of the 15 Edible oils and emulsions labels collected in Australia that featured nutrition claims, all displayed general level absolute content claims, while only 1 label featured comparative content claims (Table A7). Four Edible oils and emulsions labels collected in Australia had general level health claims, which were all endorsements associated with health, namely the National Heart Foundation Tick. Two labels had high level claims; one was a biomarker maintenance claim and one was a biomarker enhancement claim. Of the 6 Edible oils and emulsions labels collected in New Zealand that featured nutrition claims, all had general level absolute content claims, and none had comparative content claims. Three Edible oils and emulsions labels collected in New Zealand featured a total of 4 general level health claims. Three labels with health claims featured endorsements associated with health, namely the National Heart Foundation Tick. One label also had a function claim.

Australia New Zealand Total Number of labels sampled 19 11 30 Labels with Claims 15 6 21 Labels with Nutrition claims only 9 3 12 Labels with Health claims only 0 0 0 Labels with both health & nutrition claims 6 3 9

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Table A7. Summary of number of labels from Edible oils and emulsions with claims assessed against the proposed classification framework

Table A8 shows 9 nutrition claims on Edible oils and emulsions labels collected in Australia and New Zealand made claims that were assessed against the provisions of the Food Code for claims relating to certain substances. Five of these were related to omega fatty acid content, 3 related to poly, mono or unsaturated fat content and one claim related to sodium content. Table A8. Breakdown of nutrition claims made on labels from Edible oils and emulsions assessed against Standard 1.2.8 (Division 3) Food Code Nutrition Claims Australia New Zealand Total Fat – Poly & Mono Unsaturated Fat – Omega claims

1 4

2 1

3 5

Joule 0 0 0 Lactose 0 0 0 Gluten 0 0 0 Sodium 1 0 1

Eleven nutrition claims on Edible oils and emulsions labels collected in Australia were assessed against CoPoNC, with the breakdown of claim types provided in Table A9. Nearly all of these (81%, n=9) were Cholesterol free claims. One label claimed Reduced fat content and one label claimed No added salt.

Australia New Zealand Total General Level Claims - Nutrition Labels with Absolute claims only 14 6 20 Labels with Comparative claims only Labels with both Absolute & Comparative claims

0 1

0 0

0 1

General Level Claims - Health Labels with Function claims 0 1 1 Labels with Enhanced Function claims 0 0 0 Labels with Risk reduction (non-serious) claims 0 0 0 Labels with Whole of Diet claims Labels with Lifestage claims

0 0

0 0

0 0

Labels with Endorsements (Heart Tick) 4 3 7 Labels with health-related Trade marks & Product Names 0 0 0 Labels with health-related Symbols/Graphics 0 0 0

High Level Claims Labels with Biomarker maintenance claims 1 0 1 Labels with Biomarker enhancement claims 1 0 1 Labels with Risk reduction (serious disease) claims 0 0 0

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Table A9. Breakdown of CoPoNC claims made on labels from Edible oils and emulsions collected in Australia

CoPoNC claims Australia Fat – Reduced fat

– Low fat – X% Fat Free – Low in saturated fat

1 0 0 0

Cholesterol – Low cholesterol – Cholesterol free

0 9

Sugar – Reduced sugar – Low sugar – Sugar free – Unsweetened – No added sugar

0 0 0 0 0

Dietary Fibre – Source of fibre – Excellent source of fibre – High fibre – Fibre increased

0 0 0 0

Salt – Low salt – Very low salt – Reduced salt – No added salt – Salt free

0 0 0 1 0

Energy – Low energy – Reduced energy

0 0

Other claims – Lite/Light – “Diet” – X% free other than fat

0 0 0

Table A10 shows there were 5 claims on Edible oils and emulsions labels assessed as inconsistent with the relevant labelling provisions. These were all featured on labels collected in Australia. Two labels were missing the expanded fat content information required by Standard 1.2.8. One label did not have the RDI information required by Standard 1.3.2, and another did not provide the amount of a nutrient in the NIP, also required by Standard 1.3.2. One cholesterol free claim on an olive oil label did not refer to all olive oils being cholesterol free, as required under CoPoNC.

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Table A10. Summary of claims on labels collected on labels from Edible oils and emulsions that were assessed as inconsistent with the relevant labelling provisions Australia New Zealand Label Provision

Number of inconsistent claims

Reason Number of inconsistent claims

Reason

CoPoNC 0 1

X% Fat Free Reference to whole of class absent

n/a n/a

X% Fat Free Reference to whole of class absent

Std 1.2.8 2 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in PanelNutrient not in Panel

0 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in Panel Nutrient not in Panel

Std 1.3.2 1 1 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

0 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

Std 1.1A.2

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

NZDSR n/a Treating or preventing a disease

0 Treating or preventing a disease

Total 5 0 n/a = not applicable

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Appendix 4.3 Ice Cream and Edible Ices In Food Category 3, Ice Cream and Edible Ices, 38 labels were assessed and 14 labels (37%) featured nutrition, health or related claims (Table A11). The 17 Ice Cream and edible ices collected in Australia accounted for 45% of all Category 3 labels, with 29% (n=5) of these carrying a claim. For labels collected in New Zealand, 43% (n=9) Ice Cream and edible ices labels carried claims. Of the Ice Cream and edible ices labels collected in Australia that carried a claim, all had nutrition claims, and one label also featured a health claim. Of the Ice Cream and edible ices labels collected in New Zealand that carried a claim, all had nutrition claims, and two labels also featured health claims. Table A11. Summary of labels from Ice Cream and Edible Ices collected in Australia and New Zealand

Of the 5 Ice Cream and edible ices labels collected in Australia that featured nutrition claims, 4 displayed general level absolute content claims, and 2 labels featured comparative content claims (Table A12). One Ice Cream and edible ices label collected in Australia had general level health claims, which was an endorsement associated with health, namely the National Heart Foundation Tick. Of the 9 Ice Cream and edible ices labels collected in New Zealand that featured nutrition claims, all had general level absolute content claims, and none had comparative content claims. Two Ice Cream and edible ices labels collected in New Zealand featured general level health claims, which were endorsements associated with health, namely the National Heart Foundation Tick.

Australia New Zealand Total Number of labels sampled 17 21 38 Labels with Claims 5 9 14 Labels with Nutrition claims only 4 7 11 Labels with Health claims only 0 0 0 Labels with both health & nutrition claims 1 2 3

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Table A12. Summary of number of labels from Ice Cream and edible Ices with claims assessed against the proposed classification framework

Table A13 shows 2 nutrition claims on Ice Cream and edible ices labels collected in New Zealand made claims that were assessed against the provisions of the Food Code for claims relating to certain substances. One related to lactose content and the other to gluten content. Table A13. Breakdown of nutrition claims made on labels from Ice Cream and edible Ices assessed against Standard 1.2.8 (Division 3) Food Code Nutrition Claims Australia New Zealand Total Fat – Poly & Mono Unsaturated Fat – Omega claims

0 0

0 0

0 0

Joule 0 0 0 Lactose 0 1 1 Gluten 0 1 1 Sodium 0 0 0

Four nutrition claims on Ice Cream and edible ices labels collected in Australia were assessed against CoPoNC, with the breakdown of claim types provided in Table A14. Three of these related to fat content and one label included the word “Lite” in the name of the product.

Australia New Zealand Total General Level Claims - Nutrition Labels with Absolute claims only 3 9 12 Labels with Comparative claims only Labels with both Absolute & Comparative claims

1 1

0 0

1 1

General Level Claims - Health Labels with Function claims 0 0 0 Labels with Enhanced Function claims 0 0 0 Labels with Risk reduction (non-serious) claims 0 0 0 Labels with Whole of Diet claims Labels with Lifestage claims

0 0

0 0

0 0

Labels with Endorsements (Heart Tick) 1 2 3 Labels with health-related Trade marks & Product Names 0 0 0 Labels with health-related Symbols/Graphics 0 0 0

High Level Claims Labels with Biomarker maintenance claims 0 0 0 Labels with Biomarker enhancement claims 0 0 0 Labels with Risk reduction (serious disease) claims 0 0 0

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Table A14. Breakdown of CoPoNC claims made on labels from Ice Cream and edible Ices collected in Australia

CoPoNC claims Australia Fat – Reduced fat

– Low fat – X% Fat Free – Low in saturated fat

1 1 1 0

Cholesterol – Low cholesterol – Cholesterol free

0 0

Sugar – Reduced sugar – Low sugar – Sugar free – Unsweetened – No added sugar

0 0 0 0 0

Dietary Fibre – Source of fibre – Excellent source of fibre – High fibre – Fibre increased

0 0 0 0

Salt – Low salt – Very low salt – Reduced salt – No added salt – Salt free

0 0 0 0 0

Energy – Low energy – Reduced energy

0 0

Other claims – Lite/Light – “Diet” – X% free other than fat

1 0 0

Table A15 shows there were 6 claims on Ice Cream and edible ices labels assessed as inconsistent with the relevant labelling provisions. These were due to the absence of the RDI information required by Standard 1.3.2.

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Table A15. Summary of claims on labels collected on labels from Ice Cream and edible Ices that were assessed as inconsistent with the relevant labelling provisions Australia New Zealand Label Provision

Number of inconsistent claims

Reason Number of inconsistent claims

Reason

CoPoNC 0 0

X% Fat Free Reference to whole of class absent

n/a n/a

X% Fat Free Reference to whole of class absent

Std 1.2.8 0 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in PanelNutrient not in Panel

0 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in Panel Nutrient not in Panel

Std 1.3.2 2 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

4 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

Std 1.1A.2

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

NZDSR n/a Treating or preventing a disease

0 Treating or preventing a disease

Total 2 4 n/a = not applicable

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Appendix 4.4 Fruit and Vegetables In Food Category 4, Fruit and vegetables, 166 labels were assessed and 59 labels (26%) featured nutrition, health or related claims (Table A16). The 89 Fruit and vegetables labels collected in Australia accounted for 54% of all Category 4 labels, with 34% (n=30) of these carrying a claim. On labels collected in New Zealand, 38% (n=29) Fruit and vegetables labels carried claims. Of the Fruit and vegetables labels collected in Australia that carried a claim, all had nutrition claims, while health claims were present on 4 (13%) of these labels. Of the Fruit and vegetables labels collected in New Zealand that carried a claim, all had nutrition claims, while health claims were present on 10 (35%) of these labels. Table A16. Summary of Fruit and Vegetable labels collected in Australia and New Zealand

Of the 30 Fruit and vegetables labels collected in Australia that featured nutrition claims, all displayed general level absolute content claims, and no labels featured comparative content claims (Table A17). Four Fruit and vegetables labels collected in Australia had general level health claims, which were all endorsements associated with health, namely the National Heart Foundation Tick. Of the 29 Fruit and vegetables labels collected in New Zealand that featured nutrition claims, all had general level absolute content claims, and no labels had comparative content claims. Ten Fruit and vegetables labels collected in New Zealand featured a total of 13 general level health claims. Five labels featured whole of diet claims, and 3 labels featured endorsements associated with health, namely the National Heart Foundation Tick. Three health-related symbols or graphics, and one health-related trademark were also assessed label. One label also had an enhanced function claim.

Australia New Zealand Total Number of labels sampled 89 77 166 Labels with Claims 30 29 59 Labels with Nutrition claims only 26 19 45 Labels with Health claims only 0 0 0 Labels with both health & nutrition claims 4 10 14

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Table A17. Summary of number of labels from Fruit and Vegetables with claims assessed against the proposed classification framework

Table A18 shows 5 nutrition claims on Fruit and vegetables labels collected in Australia and New Zealand made claims that were assessed against the provisions of the Food Code for claims relating to certain substances. Four of these were related to sodium content and one claim related to poly, mono or unsaturated fat content. Table A18. Breakdown of nutrition claims made on Fruit and Vegetable labels assessed against Standard 1.2.8 (Division 3) Food Code Nutrition Claims Australia New Zealand Total Fat – Poly & Mono Unsaturated Fat – Omega claims

1 0

0 0

1 0

Joule 0 0 0 Lactose 0 0 0 Gluten 0 0 0 Sodium 2 2 4

Ten nutrition claims on Fruit and vegetables labels collected in Australia were assessed against CoPoNC, with the breakdown of claim types provided in Table A19. Four of these were claims regarding no added sugar, and 3 claims were regarding fat content. Two claims related to sodium or salt content, and one label featured a cholesterol free claim.

Australia New Zealand Total General Level Claims - Nutrition Labels with Absolute claims only 30 28 58 Labels with Comparative claims only 0 1 1 Labels with both Absolute & Comparative claims 0 0 0

General Level Claims - Health Labels with Function claims 0 0 0 Labels with Enhanced Function claims 0 1 1 Labels with Risk reduction (non-serious) claims 0 0 0 Labels with Whole of Diet claims 0 5 5 Labels with Lifestage claims 0 0 0 Labels with Endorsements (Heart Tick) 4 3 7 Labels with health-related Trade marks & Product Names 0 1 1 Labels with health-related Symbols/Graphics 0 3 3

High Level Claims Labels with Biomarker maintenance claims 0 0 0 Labels with Biomarker enhancement claims 0 0 0 Labels with Risk reduction (serious disease) claims 0 0 0

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Table A19. Breakdown of CoPoNC claims made on Fruit and Vegetable labels collected in Australia

CoPoNC claims Australia Fat – Reduced fat

– Low fat – X% Fat Free – Low in saturated fat

0 1 2 0

Cholesterol – Low cholesterol – Cholesterol free

0 1

Sugar – Reduced sugar – Low sugar – Sugar free – Unsweetened – No added sugar

0 0 0 0 4

Dietary Fibre – Source of fibre – Excellent source of fibre – High fibre – Fibre increased

0 0 0 0

Salt – Low salt – Very low salt – Reduced salt – No added salt – Salt free

1 0 0 1 0

Energy – Low energy – Reduced energy

0 0

Other claims – Lite/Light – “Diet” – X% free other than fat

0 0 0

Table A20 shows there were 5 claims on Fruit and vegetables labels assessed as inconsistent with the relevant labelling provisions. These were primarily featured on labels collected in New Zealand. One label referenced Fibre instead of Dietary Fibre in the NIP, as required under Standard 1.2.8. Two labels did not have the RDI information required by Standard 1.3.2. One claim on a label of frozen vegetables was assessed as comparing the vitamin C content of the food to that of another food. The exact wording is as follows:

‘Research indicates that many frozen vegetables contain the same or higher levels of Vitamin C than most fresh vegetables which are sold under normal commercial conditions.’

One label on fresh potatoes made a reference that implied the product has intrinsic weight reducing properties, with the exact wording as follows:

‘Contains Iodine. Iodine assists with weight loss.’

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Table A20. Summary of claims on labels collected in Fruit and Vegetable labels that were assessed as inconsistent with the relevant labelling provisions Australia New Zealand Label Provision

Number of inconsistent claims

Reason Number of inconsistent claims

Reason

CoPoNC 0 0

X% Fat Free Reference to whole of class absent

n/a n/a

X% Fat Free Reference to whole of class absent

Std 1.2.8 0 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in PanelNutrient not in Panel

0 1 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in Panel Nutrient not in Panel

Std 1.3.2 1 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

2 0 0 0 1

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

Std 1.1A.2

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

0 0 0 0 1

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

NZDSR n/a Treating or preventing a disease

0 Treating or preventing a disease

Total 1 5 n/a = not applicable

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Appendix 4.5 Confectionery In Food Category 5, Confectionery, 76 labels were assessed and 13 labels (17%) featured nutrition, health or related claims (Table A21). The 32 Confectionery labels collected in Australia accounted for 42% of all Category 2 labels, with 16% (n=5) of these carrying a claim. On Confectionery labels collected in New Zealand, 18% (n=8) labels carried claims. Of the Confectionery labels collected in Australia and New Zealand that carried a claim, all had nutrition claims, and health claims were not present on any of these labels. Table A21. Summary of Confectionery labels collected in Australia and New Zealand

Of the 5 Confectionery labels collected in Australia and New Zealand that featured nutrition claims, all displayed general level absolute content claims, and no labels featured comparative content claims (Table A22). Table A22. Summary of number of Confectionery labels with claims assessed against the proposed classification framework

Australia New Zealand Total Number of labels sampled 32 44 76 Labels with Claims 5 8 13 Labels with Nutrition claims only 5 8 13 Labels with Health claims only 0 0 0 Labels with both health & nutrition claims 0 0 0

Australia New Zealand Total General Level Claims - Nutrition Labels with Absolute claims only 5 8 13 Labels with Comparative claims only 0 0 0 Labels with both Absolute & Comparative claims 0 0 0

General Level Claims - Health Labels with Function claims 0 0 0 Labels with Enhanced Function claims 0 0 0 Labels with Risk reduction (non-serious) claims 0 0 0 Labels with Whole of Diet claims 0 0 0 Labels with Lifestage claims 0 0 0 Labels with Endorsements (Heart Tick) 0 0 0 Labels with health-related Trade marks & Product Names 0 0 0 Labels with health-related Symbols/Graphics 0 0 0

High Level Claims Labels with Biomarker maintenance claims 0 0 0 Labels with Biomarker enhancement claims 0 0 0 Labels with Risk reduction (serious disease) claims 0 0 0

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Table A23 shows no nutrition claims on Confectionery labels collected in Australia and New Zealand made claims that were assessed against the provisions of the Food Code for claims relating to certain substances. Table A23. Breakdown of nutrition claims made on Confectionery labels assessed against Standard 1.2.8 (Division 3) Food Code Nutrition Claims Australia New Zealand Total Fat – Poly & Mono Unsaturated Fat – Omega claims

0 0

0 0

0 0

Joule 0 0 0 Lactose 0 0 0 Gluten 0 0 0 Sodium 0 0 0

Five nutrition claims on Confectionery labels collected in Australia were assessed against CoPoNC, with the breakdown of claim types provided in Table A24. Three of these claims were “X% Fat free” claims, one was a cholesterol free claim and another was a sugar free claim.

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Table A24. Breakdown of CoPoNC claims made on Confectionery labels collected in Australia

CoPoNC claims Australia Fat – Reduced fat

– Low fat – X% Fat Free – Low in saturated fat

0 0 3 0

Cholesterol – Low cholesterol – Cholesterol free

0 1

Sugar – Reduced sugar – Low sugar – Sugar free – Unsweetened – No added sugar

0 0 1 0 0

Dietary Fibre – Source of fibre – Excellent source of fibre – High fibre – Fibre increased

0 0 0 0

Salt – Low salt – Very low salt – Reduced salt – No added salt – Salt free

0 0 0 0 0

Energy – Low energy – Reduced energy

0 0

Other claims – Lite/Light – “Diet” – X% free other than fat

0 0 0

Table A25 shows there were 3 claims on Confectionery labels assessed as inconsistent with the relevant labelling provisions. Two labels were missing the expanded fat content information required by Standard 1.2.8. One label did not have the RDI information required by Standard 1.3.2.

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Table A25. Summary of claims on labels collected in Confectionery labels that were assessed as inconsistent with the relevant labelling provisions Australia New Zealand Label Provision

Number of inconsistent claims

Reason Number of inconsistent claims

Reason

CoPoNC 0 0

X% Fat Free Reference to whole of class absent

n/a n/a

X% Fat Free Reference to whole of class absent

Std 1.2.8 1 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in PanelNutrient not in Panel

0 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in Panel Nutrient not in Panel

Std 1.3.2 1 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

1 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

Std 1.1A.2

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

NZDSR n/a Treating or preventing a disease

0 Treating or preventing a disease

Total 2 1 n/a = not applicable

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Appendix 4.6 Cereal and cereal products In Food Category 6, Cereal and cereal products, 76 labels were assessed and 48 labels (63%) featured nutrition, health or related claims (Table A26). The 43 Cereal and cereal products labels collected in Australia accounted for 57% of all Category 6 labels, with 56% (n=24) of these carrying a claim. On Cereal and cereal products labels collected in New Zealand, 73% (n=24) carried claims. Of the Cereal and cereal products labels collected in Australia that carried a claim, all had nutrition claims, while health claims were present on 7 (29%) of these labels. Of the Cereal and cereal products labels collected in New Zealand that carried a claim, all had nutrition claims, while health claims were present on 11 (46%) of these labels. Table A26. Summary of Cereal and cereal product labels collected in Australia and New Zealand

Of the 24 Cereal and cereal products labels collected in Australia that featured nutrition claims, all displayed general level absolute content claims, while only 1 label featured comparative content claims (Table A27). The 7 Cereal and cereal products labels collected in Australia that had health claims had a total of 8 claims. Four of these were whole of diet claims, and 3 were function claims. One label featured an endorsement associated with health, namely the National Heart Foundation Tick, and one label featured a health-related symbol or graphic. Of the 24 Cereal and cereal products labels collected in New Zealand that featured nutrition claims, all had general level absolute content claims, and none had comparative content claims. Eleven Cereal and cereal products labels collected in New Zealand featured a total of 12 general level health claims. Six labels with health claims featured endorsements associated with health, namely the National Heart Foundation Tick, and one label featured a health-related symbol or graphic. Two labels featured whole of diet claims. Two labels had a function claim and one label had an enhanced function claim.

Australia New Zealand Total Number of labels sampled 43 33 76 Labels with Claims 24 24 48 Labels with Nutrition claims only 17 13 30 Labels with Health claims only 0 0 0 Labels with both health & nutrition claims 7 11 18

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Table A27. Summary of number of Cereal and cereal product labels with claims assessed against the proposed classification framework

Table A28 shows 15 nutrition claims on Cereal and cereal products labels collected in Australia and New Zealand made claims that were assessed against the provisions of the Food Code for claims relating to certain substances. Nine of these were related to sodium content, five to gluten content and one related to poly, mono or unsaturated fat content. Table A28. Breakdown of nutrition claims made on Cereal and cereal product labels assessed against Standard 1.2.8 (Division 3) Food Code Nutrition Claims Australia New Zealand Total Fat – Poly & Mono Unsaturated Fat – Omega claims

1 0

0 0

1 0

Joule 0 0 0 Lactose 0 0 0 Gluten 5 0 5 Sodium 5 4 9

Thirty-one nutrition claims on Cereal and cereal products labels collected in Australia were assessed against CoPoNC, with the breakdown of claim types provided in Table A9. Seven of these were ‘X% Fat free’ claims, and 4 were Low fat claims. Ten claims related to fibre content, 4 to salt content and 2 to sugar content. One product name included the word ‘Lite’.

Australia New Zealand Total General Level Claims - Nutrition Labels with Absolute claims only 23 24 47 Labels with Comparative claims only 0 0 0 Labels with both Absolute & Comparative claims 1 0 1

General Level Claims - Health Labels with Function claims 3 2 5 Labels with Enhanced Function claims 0 1 1 Labels with Risk reduction (non-serious) claims 0 0 0 Labels with Whole of Diet claims 4 2 6 Labels with Lifestage claims 0 0 0 Labels with Endorsements (Heart Tick) 1 6 7 Labels with health-related Trade marks & Product Names 0 0 0 Labels with health-related Symbols/Graphics 1 1 2

High Level Claims Labels with Biomarker maintenance claims 0 0 0 Labels with Biomarker enhancement claims 0 0 0 Labels with Risk reduction (serious disease) claims 0 0 0

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Table A29. Breakdown of CoPoNC claims made on Cereal and cereal product labels collected in Australia

CoPoNC claims Australia Fat – Reduced fat

– Low fat – X% Fat Free – Low in saturated fat

0 4 7 0

Cholesterol – Low cholesterol – Cholesterol free

0 2

Sugar – Reduced sugar – Low sugar – Sugar free – Unsweetened – No added sugar

0 1 0 0 1

Dietary Fibre – Source of fibre – Excellent source of fibre – High fibre – Fibre increased

4 3 3 0

Salt – Low salt – Very low salt – Reduced salt – No added salt – Salt free

3 1 0 1 0

Energy – Low energy – Reduced energy

0 0

Other claims – Lite/Light – “Diet” – X% free other than fat

1 0 0

Table A30 shows there were 3 claims on Cereal and cereal products labels assessed as inconsistent with the relevant labelling provisions. These were all featured on labels collected in Australia. Two labels referred to Fibre, not Dietary Fibre as required by Standard 1.2.8. One label did not provide the expanded fat content information required by Standard 1.2.8.

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Table A30. Summary of claims on labels collected in Cereal and cereal product labels that were assessed as inconsistent with the relevant labelling provisions Australia New Zealand Label Provision

Number of inconsistent claims

Reason Number of inconsistent claims

Reason

CoPoNC 0 0

X% Fat Free Reference to whole of class absent

n/a n/a

X% Fat Free Reference to whole of class absent

Std 1.2.8 1 1 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in PanelNutrient not in Panel

0 1 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in Panel Nutrient not in Panel

Std 1.3.2 0 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

0 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

Std 1.1A.2

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

NZDSR n/a Treating or preventing a disease

0 Treating or preventing a disease

Total 2 1 n/a = not applicable

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Appendix 4.7 Bread and bakery products In Food Category 7, Bread and bakery products, 161 labels were assessed and 65 labels (40%) featured nutrition, health or related claims (Table A31). The 103 Bread and bakery products labels collected in Australia accounted for 64% of all Category 7 labels, with 41% (n=42) of these carrying a claim. On Bread and bakery products labels collected in New Zealand, 40% (n=23) carried claims. Of the Bread and bakery products labels collected in Australia that carried a claim, all had nutrition claims, while health claims were present on 7 (17%) of these labels. Of the Bread and bakery products labels collected in New Zealand that carried a claim, all had nutrition claims, while health claims were present on 8 (35%) of these labels. Table A31. Summary of Bread and bakery product labels collected in Australia and New Zealand

Of the 42 Bread and bakery products labels collected in Australia that featured nutrition claims, all displayed general level absolute content claims, while only 2 labels featured comparative content claims (Table A32). Seven Bread and bakery products labels collected in Australia had 13 general level health claims, of which 5 were endorsements associated with health, namely the National Heart Foundation Tick. Three labels had function claims, 3 had whole of diet claims and one featured a health-related symbol or graphic. Of the 23 Bread and bakery products labels collected in New Zealand that featured nutrition claims, all had general level absolute content claims, and one had a comparative content claim. Eight Bread and bakery products labels collected in New Zealand featured a total of 9 general level health claims. Six labels with health claims featured endorsements associated with health, namely the National Heart Foundation Tick. Two labels featured whole of diet claims and one label also had a function claim. Two product labels featured high level health claims, one of which was assessed as a biomarker enhancement claim and the other a risk reduction claim for a serious disease.

Australia New Zealand Total Number of labels sampled 103 58 161 Labels with Claims 42 23 65 Labels with Nutrition claims only 35 15 50 Labels with Health claims only 0 0 0 Labels with both health & nutrition claims 7 8 15

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Table A32. Summary of number of Bread and bakery product labels with claims assessed against the proposed classification framework

Table A8 shows 14 nutrition claims on Bread and bakery products labels collected in Australia and New Zealand made claims that were assessed against the provisions of the Food Code for claims relating to certain substances. Seven of these were related to poly, mono or unsaturated fat content and one claim related to omega fatty acid content. Three claims each related to gluten and sodium content. Table A33. Breakdown of nutrition claims made on Bread and bakery product labels assessed against Standard 1.2.8 (Division 3) Food Code Nutrition Claims Australia New Zealand Total Fat – Poly & Mono Unsaturated Fat – Omega claims

7 1

0 0

7 1

Joule 0 0 0 Lactose 0 0 0 Gluten 2 1 3 Sodium 2 1 3

Thirty-five nutrition claims on Bread and bakery products labels collected in Australia were assessed against CoPoNC, with the breakdown of claim types provided in Table A34. Fourteen of these related to fat content, and 9 related to dietary fibre content. Seven cholesterol free claims were assessed and 2 labels featured no added sugar claims. Two labels featured claims in relation to salt content, and one product name featured the word ‘Lite’.

Australia New Zealand Total General Level Claims - Nutrition Labels with Absolute claims only 40 22 62 Labels with Comparative claims only 0 0 0 Labels with both Absolute & Comparative claims 2 1 3

General Level Claims - Health Labels with Function claims 3 1 4 Labels with Enhanced Function claims 1 0 1 Labels with Risk reduction (non-serious) claims 0 0 0 Labels with Whole of Diet claims 3 2 5 Labels with Lifestage claims 0 0 0 Labels with Endorsements (Heart Tick) 5 6 11 Labels with health-related Trade marks & Product Names 0 0 0 Labels with health-related Symbols/Graphics 1 0 1

High Level Claims Labels with Biomarker maintenance claims 0 0 0 Labels with Biomarker enhancement claims 0 1 1 Labels with Risk reduction (serious disease) claims 0 1 1

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Table A34. Breakdown of CoPoNC claims made on Bread and bakery product labels collected in Australia

CoPoNC claims Australia Fat – Reduced fat

– Low fat – X% Fat Free – Low in saturated fat

0 3 11 0

Cholesterol – Low cholesterol – Cholesterol free

0 7

Sugar – Reduced sugar – Low sugar – Sugar free – Unsweetened – No added sugar

0 0 0 0 2

Dietary Fibre – Source of fibre – Excellent source of fibre – High fibre – Fibre increased

6 1 2 0

Salt – Low salt – Very low salt – Reduced salt – No added salt – Salt free

0 1 1 0 0

Energy – Low energy – Reduced energy

0 0

Other claims – Lite/Light – “Diet” – X% free other than fat

1 0 0

Table A35 shows there were 10 claims on Bread and bakery products labels assessed as inconsistent with the relevant labelling provisions. Of particular note in this category was a claim on a label collected in New Zealand. This claim made reference to a disease or medical condition, and was also assessed as providing advice of a medical nature, according to Standard 1.1A.2. The exact wording is as follows: ‘This gluten free bread is ideal for Coeliacs. Many people with no apparent gluten sensitivity feel better when reducing or eliminating wheat or gluten from their diet.’

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Table A35. Summary of claims on labels collected in Bread and bakery product labels that were assessed as inconsistent with the relevant labelling provisions Australia New Zealand Label Provision

Number of inconsistent claims

Reason Number of inconsistent claims

Reason

CoPoNC 0 0

X% Fat Free Reference to whole of class absent

n/a n/a

X% Fat Free Reference to whole of class absent

Std 1.2.8 1 2 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in PanelNutrient not in Panel

0 1 1 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in Panel Nutrient not in Panel

Std 1.3.2 0 0 1 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

2 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

Std 1.1A.2

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

1 1 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

NZDSR n/a Treating or preventing a disease

0 Treating or preventing a disease

Total 4 6 n/a = not applicable

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Appendix 4.8 Meat and meat products In Food Category 8, Meat and meat products, 98 labels were assessed and 23 labels (70%) featured nutrition, health or related claims (Table A36). The 82 Meat and meat products labels collected in Australia accounted for 84% of all Category 8 labels, with 22% (n=18) of these carrying a claim. On Meat and meat products labels collected in New Zealand, 31% (n=5) carried claims. Of the 18 Meat and meat products labels collected in Australia that carried a claim, 17 had nutrition claims, while health claims were present on 3 (17%) of these labels. Of the Meat and meat products labels collected in New Zealand that carried a claim, all had nutrition claims, while health claims were present on 2 (40%) of these labels. Table A36. Summary of Meat and meat product labels collected in Australia and New Zealand

Of the 17 Meat and meat products labels collected in Australia that featured nutrition claims, all displayed general level absolute content claims, while only 1 label featured comparative content claims (Table A7). Four Meat and meat products labels collected in Australia had general level health claims, 3 of which were endorsements associated with health, namely the National Heart Foundation Tick. One label featured a function claim. Of the 5 Meat and meat products labels collected in New Zealand that featured nutrition claims, all had general level absolute content claims, and none had comparative content claims. Two Meat and meat products labels collected in New Zealand featured endorsements associated with health, namely the National Heart Foundation Tick.

Australia New Zealand Total Number of labels sampled 82 16 98 Labels with Claims 18 5 23 Labels with Nutrition claims only 15 3 18 Labels with Health claims only 1 0 1 Labels with both health & nutrition claims 2 2 4

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Table A37. Summary of number of Meat and meat product labels with claims assessed against the proposed classification framework

Table A38 shows 5 nutrition claims on Meat and meat products labels collected in Australia and New Zealand made claims that were assessed against the provisions of the Food Code for claims relating to certain substances. These all related to gluten content. Table A38. Breakdown of nutrition claims made on Meat and meat product labels assessed against Standard 1.2.8 (Division 3) Food Code Nutrition Claims Australia New Zealand Total Fat – Poly & Mono Unsaturated Fat – Omega claims

0 0

0 0

0 0

Joule 0 0 0 Lactose 0 0 0 Gluten 3 2 5 Sodium 0 0 0

Seventeen nutrition claims on Meat and meat products labels collected in Australia were assessed against CoPoNC, with the breakdown of claim types provided in Table A39. The majority of these (71%, n=12) were ‘X% Fat free’ claims. Two labels claimed a low fat content and two labels claimed low cholesterol content. One product name included the word ‘Lite’.

Australia New Zealand Total General Level Claims - Nutrition Labels with Absolute claims only 16 5 21 Labels with Comparative claims only 0 0 0 Labels with both Absolute & Comparative claims 1 0 1

General Level Claims - Health Labels with Function claims 1 0 1 Labels with Enhanced Function claims 0 0 0 Labels with Risk reduction (non-serious) claims 0 0 0 Labels with Whole of Diet claims 0 0 0 Labels with Lifestage claims 0 0 0 Labels with Endorsements (Heart Tick) 3 2 5 Labels with health-related Trade marks & Product Names 0 0 0 Labels with health-related Symbols/Graphics 0 0 0

High Level Claims Labels with Biomarker maintenance claims 0 0 0 Labels with Biomarker enhancement claims 0 0 0 Labels with Risk reduction (serious disease) claims 0 0 0

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Table A39. Breakdown of CoPoNC claims made on Meat and meat product labels collected in Australia

CoPoNC claims Australia Fat – Reduced fat

– Low fat – X% Fat Free – Low in saturated fat

0 2 12 0

Cholesterol – Low cholesterol – Cholesterol free

2 0

Sugar – Reduced sugar – Low sugar – Sugar free – Unsweetened – No added sugar

0 0 0 0 0

Dietary Fibre – Source of fibre – Excellent source of fibre – High fibre – Fibre increased

0 0 0 0

Salt – Low salt – Very low salt – Reduced salt – No added salt – Salt free

0 0 0 0 0

Energy – Low energy – Reduced energy

0 0

Other claims – Lite/Light – “Diet” – X% free other than fat

1 0 0

Table A40 shows there were 7 claims on Meat and meat products labels assessed as inconsistent with the relevant labelling provisions. Three labels did not have the RDI information required by Standard 1.3.2. Two labels with X% Fat free claims did not meet the requirements of CoPoNC, as they had greater than 3% fat. Two labels were missing the expanded fat content information required by Standard 1.2.8.

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Table A40. Summary of claims on labels collected in Meat and meat product labels that were assessed as inconsistent with the relevant labelling provisions Australia New Zealand Label Provision

Number of inconsistent claims

Reason Number of inconsistent claims

Reason

CoPoNC 2 0

X% Fat Free Reference to whole of class absent

n/a n/a

X% Fat Free Reference to whole of class absent

Std 1.2.8 2 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in PanelNutrient not in Panel

0 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in Panel Nutrient not in Panel

Std 1.3.2 2 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

1 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

Std 1.1A.2

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

NZDSR n/a Treating or preventing a disease

0 Treating or preventing a disease

Total 6 1 n/a = not applicable

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Appendix 4.9 Fish and fish products In Food Category 9, Fish and fish products, 35 labels were assessed and 17 labels (49%) featured nutrition, health or related claims (Table A41). The 21 Fish and fish products labels collected in Australia accounted for 60% of all Category 9 labels, with 62% (n=13) of these carrying a claim. Of Fish and fish products labels collected in New Zealand, 28% (n=4) carried claims. Of the Fish and fish products labels collected in Australia that carried a claim, all had nutrition claims, while health claims were present on 2 of these labels. Of the Fish and fish products labels collected in New Zealand that carried a claim, all had nutrition claims, while health claims were present on one label. Table A41. Summary of Fish and fish product labels collected in Australia and New Zealand

Of the 13 Fish and fish products labels collected in Australia that featured nutrition claims, all displayed general level absolute content claims, and no labels featured comparative content claims (Table A42). Two Fish and fish products labels collected in Australia had general level health claims, one of which was an endorsement associated with health, namely the National Heart Foundation Tick. One was a function claim. Of the 4 Fish and fish products labels collected in New Zealand that featured nutrition claims, all had general level absolute content claims, and one also had a comparative content claim. One Fish and fish products labels collected in New Zealand featured an endorsement associated with health, namely the National Heart Foundation Tick.

Australia New Zealand Total Number of labels sampled 21 14 35 Labels with Claims 13 4 17 Labels with Nutrition claims only 11 3 14 Labels with Health claims only 0 0 0 Labels with both health & nutrition claims 2 1 3

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Table A42. Summary of number of Fish and fish product labels with claims assessed against the proposed classification framework

Table A43 shows 12 nutrition claims on Fish and fish products labels collected in Australia and New Zealand made claims that were assessed against the provisions of the Food Code for claims relating to certain substances. Almost all of these (92%) were related to omega fatty acid content. One claim related to sodium content. Table A43. Breakdown of nutrition claims made on Fish and fish product labels assessed against Standard 1.2.8 (Division 3) Food Code Nutrition Claims Australia New Zealand Total Fat – Poly & Mono Unsaturated Fat – Omega claims

0 9

0 3

0 11

Joule 0 0 0 Lactose 0 0 0 Gluten 0 0 0 Sodium 1 0 1

Two nutrition claims on Fish and fish products labels collected in Australia were assessed against CoPoNC, with the breakdown of claim types provided in Table A44. One of these wasn’t X% fat free claim, and one was a low salt claim.

Australia New Zealand Total General Level Claims - Nutrition Labels with Absolute claims only 13 3 16 Labels with Comparative claims only 0 0 0 Labels with both Absolute & Comparative claims 0 1 1

General Level Claims - Health Labels with Function claims 1 0 1 Labels with Enhanced Function claims 0 0 0 Labels with Risk reduction (non-serious) claims 0 0 0 Labels with Whole of Diet claims 0 0 0 Labels with Lifestage claims 0 0 0 Labels with Endorsements (Heart Tick) 1 1 2 Labels with health-related Trade marks & Product Names 0 0 0 Labels with health-related Symbols/Graphics 0 0 0

High Level Claims Labels with Biomarker maintenance claims 0 0 0 Labels with Biomarker enhancement claims 0 0 0 Labels with Risk reduction (serious disease) claims 0 0 0

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Table A44. Breakdown of CoPoNC claims made on Fish and fish product labels collected in Australia

CoPoNC claims Australia Fat – Reduced fat

– Low fat – X% Fat Free – Low in saturated fat

0 0 1 0

Cholesterol – Low cholesterol – Cholesterol free

0 0

Sugar – Reduced sugar – Low sugar – Sugar free – Unsweetened – No added sugar

0 0 0 0 0

Dietary Fibre – Source of fibre – Excellent source of fibre – High fibre – Fibre increased

0 0 0 0

Salt – Low salt – Very low salt – Reduced salt – No added salt – Salt free

1 0 0 0 0

Energy – Low energy – Reduced energy

0 0

Other claims – Lite/Light – “Diet” – X% free other than fat

0 0 0

Table A45 shows there were 2 claims on Fish and fish products labels assessed as inconsistent with the relevant labelling provisions. Both labels were missing the expanded fat content information required by Standard 1.2.8.

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Table A45. Summary of claims on labels collected in Fish and fish product labels that were assessed as inconsistent with the relevant labelling provisions Australia New Zealand Label Provision

Number of inconsistent claims

Reason Number of inconsistent claims

Reason

CoPoNC 0 0

X% Fat Free Reference to whole of class absent

n/a n/a

X% Fat Free Reference to whole of class absent

Std 1.2.8 1 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in PanelNutrient not in Panel

1 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in Panel Nutrient not in Panel

Std 1.3.2 0 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

0 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

Std 1.1A.2

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

NZDSR n/a Treating or preventing a disease

0 Treating or preventing a disease

Total 1 1 n/a = not applicable

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Appendix 4.10 Eggs and egg products In Food Category 10, Eggs and egg products, 8 labels were assessed and 4 labels (50%) featured nutrition, health or related claims (Table A46). The 6 Eggs and egg products labels collected in Australia accounted for 75% of all Category 10 labels, with 67% (n=4) of these carrying a claim. No Eggs and egg products labels collected in New Zealand carried claims. Of the Eggs and egg products labels collected in Australia that carried a claim, all had nutrition claims, and one also featured a health claim. Table A46. Summary of Egg and egg product labels collected in Australia and New Zealand

Of the 4 Eggs and egg products labels collected in Australia that featured nutrition claims, all displayed general level absolute content claims, with no labels featuring comparative content claims (Table A47). One Eggs and egg products label collected in Australia had 2 general level health claims, one of which was assessed as a Lifestage claim and the other a Whole of diet claim. Table A47. Summary of number of Egg and egg product labels with claims assessed against the proposed classification framework

Australia New Zealand Total Number of labels sampled 6 2 8 Labels with Claims 4 0 4 Labels with Nutrition claims only 3 0 3 Labels with Health claims only 0 0 0 Labels with both health & nutrition claims 1 0 1

Australia New Zealand Total General Level Claims - Nutrition Labels with Absolute claims only 4 0 4 Labels with Comparative claims only 0 0 0 Labels with both Absolute & Comparative claims 0 0 0

General Level Claims - Health Labels with Function claims 0 0 0 Labels with Enhanced Function claims 0 0 0 Labels with Risk reduction (non-serious) claims 0 0 0 Labels with Whole of Diet claims 1 0 1 Labels with Lifestage claims 1 0 1 Labels with Endorsements (Heart Tick) 0 0 0 Labels with health-related Trade marks & Product Names 0 0 0 Labels with health-related Symbols/Graphics 0 0 0

High Level Claims Labels with Biomarker maintenance claims 0 0 0 Labels with Biomarker enhancement claims 0 0 0 Labels with Risk reduction (serious disease) claims 0 0 0

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Table A48 shows no nutrition claims on Eggs and egg products labels collected in Australia and New Zealand made claims that were assessed against the provisions of the Food Code for claims relating to certain substances. Table A48. Breakdown of nutrition claims made on Egg and egg product labels assessed against Standard 1.2.8 (Division 3) Food Code Nutrition Claims Australia New Zealand Total Fat – Poly & Mono Unsaturated Fat – Omega claims

0 0

0 0

0 0

Joule 0 0 0 Lactose 0 0 0 Gluten 0 0 0 Sodium 0 0 0

No nutrition claims on Eggs and egg products labels collected in Australia were assessed against CoPoNC, as shown in Table A49.

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Table A49. Breakdown of CoPoNC claims made on Egg and egg product labels collected in Australia

CoPoNC claims Australia Fat – Reduced fat

– Low fat – X% Fat Free – Low in saturated fat

0 0 0 0

Cholesterol – Low cholesterol – Cholesterol free

0 0

Sugar – Reduced sugar – Low sugar – Sugar free – Unsweetened – No added sugar

0 0 0 0 0

Dietary Fibre – Source of fibre – Excellent source of fibre – High fibre – Fibre increased

0 0 0 0

Salt – Low salt – Very low salt – Reduced salt – No added salt – Salt free

0 0 0 0 0

Energy – Low energy – Reduced energy

0 0

Other claims – Lite/Light – “Diet” – X% free other than fat

0 0 0

Table A50 shows there were no claims on Eggs and egg products labels assessed as inconsistent with the relevant labelling provisions.

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Table A50. Summary of claims on labels collected in Egg and egg product labels that were assessed as inconsistent with the relevant labelling provisions Australia New Zealand Label Provision

Number of inconsistent claims

Reason Number of inconsistent claims

Reason

CoPoNC 0 0

X% Fat Free Reference to whole of class absent

n/a n/a

X% Fat Free Reference to whole of class absent

Std 1.2.8 0 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in PanelNutrient not in Panel

0 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in Panel Nutrient not in Panel

Std 1.3.2 0 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

0 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

Std 1.1A.2

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

NZDSR n/a Treating or preventing a disease

0 Treating or preventing a disease

Total 0 0 n/a = not applicable

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Appendix 4.11 Sugars, honey and related products In Food Category 11, Sugar, honey and related products, 23 labels were assessed and 4 labels (36%) featured nutrition, health or related claims (Table A51). The 13 Sugar, honey and related products labels collected in Australia accounted for 56% of all Category 11 labels, with 31% (n=4) of these carrying a claim. No Sugar, honey and related products labels collected in New Zealand carried claims. Al of the claims on Sugar, honey and related products labels collected in Australia were nutrition claims. Table A51. Summary of Sugars, honey and related product labels collected in Australia and New Zealand

Of the 4 Sugar, honey and related products labels collected in Australia that featured nutrition claims, all displayed general level absolute content claims (Table A52). No Sugar, honey and related products labels had health claims. Table A52. Summary of number of Sugars, honey and related product labels with claims assessed against the proposed classification framework

Australia New Zealand Total Number of labels sampled 13 10 23 Labels with Claims 4 0 4 Labels with Nutrition claims only 4 0 4 Labels with Health claims only 0 0 0 Labels with both health & nutrition claims 0 0 0

Australia New Zealand Total General Level Claims - Nutrition Labels with Absolute claims only 4 0 4 Labels with Comparative claims only 0 0 0 Labels with both Absolute & Comparative claims 0 0 0

General Level Claims - Health Labels with Function claims 0 0 0 Labels with Enhanced Function claims 0 0 0 Labels with Risk reduction (non-serious) claims 0 0 0 Labels with Whole of Diet claims 0 0 0 Labels with Lifestage claims 0 0 0 Labels with Endorsements (Heart Tick) 0 0 0 Labels with health-related Trade marks & Product Names 0 0 0 Labels with health-related Symbols/Graphics 0 0 0

High Level Claims Labels with Biomarker maintenance claims 0 0 0 Labels with Biomarker enhancement claims 0 0 0 Labels with Risk reduction (serious disease) claims 0 0 0

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Table A53 shows 2 nutrition claims on Sugar, honey and related products labels collected in Australia made claims that were assessed against the provisions of the Food Code for claims relating to certain substances. These both related to energy content. Table A53. Breakdown of nutrition claims made on Sugars, honey and related product labels assessed against Standard 1.2.8 (Division 3) Food Code Nutrition Claims Australia New Zealand Total Fat – Poly & Mono Unsaturated Fat – Omega claims

0 0

0 0

0 0

Joule 2 0 2 Lactose 0 0 0 Gluten 0 0 0 Sodium 0 0 0

Two nutrition claims on Sugar, honey and related products labels collected in Australia were assessed against CoPoNC, with the breakdown of claim types provided in Table A9. These both related to low energy content.

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Table A54. Breakdown of CoPoNC claims made on Sugars, honey and related product labels collected in Australia

CoPoNC claims Australia Fat – Reduced fat

– Low fat – X% Fat Free – Low in saturated fat

0 0 0 0

Cholesterol – Low cholesterol – Cholesterol free

0 0

Sugar – Reduced sugar – Low sugar – Sugar free – Unsweetened – No added sugar

0 0 0 0 0

Dietary Fibre – Source of fibre – Excellent source of fibre – High fibre – Fibre increased

0 0 0 0

Salt – Low salt – Very low salt – Reduced salt – No added salt – Salt free

0 0 0 0 0

Energy – Low energy – Reduced energy

2 0

Other claims – Lite/Light – “Diet” – X% free other than fat

0 0 0

Table A55 shows there were no claims on Sugar, honey and related products labels assessed as inconsistent with the relevant labelling provisions.

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Table A55. Summary of claims on labels collected in Sugars, honey and related product labels that were assessed as inconsistent with the relevant labelling provisions Australia New Zealand Label Provision

Number of inconsistent claims

Reason Number of inconsistent claims

Reason

CoPoNC 0 0

X% Fat Free Reference to whole of class absent

n/a n/a

X% Fat Free Reference to whole of class absent

Std 1.2.8 0 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in PanelNutrient not in Panel

0 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in Panel Nutrient not in Panel

Std 1.3.2 0 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

0 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

Std 1.1A.2

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

NZDSR n/a Treating or preventing a disease

0 Treating or preventing a disease

Total 0 0 n/a = not applicable

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Appendix 4.12 Food intended for particular dietary use In Food Category 12, Food intended for particular dietary use, 27 labels were assessed and 26 labels (96%) featured nutrition, health or related claims (Table A56). The 14 Food intended for particular dietary use labels collected in Australia accounted for 52% of all Category 12 labels, with 93% (n=13) of these carrying a claim. All Food intended for particular dietary use labels collected in New Zealand (n=13) carried claims. Of the Food intended for particular dietary use labels collected in Australia that carried a claim, all had nutrition claims, while health claims were present on 6 (46%) of these labels. Of the Food intended for particular dietary use labels collected in New Zealand that carried a claim, all had nutrition claims, while health claims were present on 8 (61%) of these labels. Table A56. Summary of Food intended for particular dietary use labels collected in Australia and New Zealand

Of the 13 Food intended for particular dietary use labels collected in Australia that featured nutrition claims, all displayed general level absolute content claims (Table A57). Six labels from Food intended for particular dietary use category collected in Australia had general level health claims, which were all function claims. Of the 13 Food intended for particular dietary use labels collected in New Zealand that featured nutrition claims, all had general level absolute content claims, and one also had a comparative content claim. Eight labels from the Food intended for particular dietary use category collected in New Zealand featured a total of 9 general level health claims. Four labels with health claims featured Whole of diet claims, three labels also featured function claims and two featured enhanced function claims.

Australia New Zealand Total Number of labels sampled 14 13 27 Labels with Claims 13 13 26 Labels with Nutrition claims only 7 5 12 Labels with Health claims only 0 0 0 Labels with both health & nutrition claims 6 8 14

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Table A57. Summary of number of Food intended for particular dietary use labels with claims assessed against the proposed classification framework

Table A58 shows 17 nutrition claims on Food intended for particular dietary use labels collected in Australia and New Zealand made claims that were assessed against the provisions of the Food Code for claims relating to certain substances. Gluten and sodium content claims each featured on 6 labels, with 5 label claims relating to lactose content. Table A58. Breakdown of nutrition claims made on Food intended for particular dietary use labels assessed against Standard 1.2.8 (Division 3) Food Code Nutrition Claims Australia New Zealand Total Fat – Poly & Mono Unsaturated Fat – Omega claims

0 0

0 0

0 0

Joule 0 0 0 Lactose 3 2 5 Gluten 5 1 6 Sodium 4 2 6

Ten nutrition claims on Food intended for particular dietary use labels collected in Australia were assessed against CoPoNC, with the breakdown of claim types provided in Table A59. Salt and sugar content claims each featured on 4 labels, with one label claim relating to increased fibre content and one ‘X% Fat free’ claim.

Australia New Zealand Total General Level Claims - Nutrition Labels with Absolute claims only 13 12 25 Labels with Comparative claims only 0 0 0 Labels with both Absolute & Comparative claims 0 1 1

General Level Claims - Health Labels with Function claims 6 3 9 Labels with Enhanced Function claims 0 2 2 Labels with Risk reduction (non-serious) claims 0 0 0 Labels with Whole of Diet claims 0 4 4 Labels with Lifestage claims 0 0 0 Labels with Endorsements (Heart Tick) 0 0 0 Labels with health-related Trade marks & Product Names 0 0 0 Labels with health-related Symbols/Graphics 0 0 0

High Level Claims Labels with Biomarker maintenance claims 0 0 0 Labels with Biomarker enhancement claims 0 0 0 Labels with Risk reduction (serious disease) claims 0 0 0

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Table A59. Breakdown of CoPoNC claims made on Food intended for particular dietary use labels collected in Australia

CoPoNC claims Australia Fat – Reduced fat

– Low fat – X% Fat Free – Low in saturated fat

0 0 1 0

Cholesterol – Low cholesterol – Cholesterol free

0 0

Sugar – Reduced sugar – Low sugar – Sugar free – Unsweetened – No added sugar

0 0 1 0 3

Dietary Fibre – Source of fibre – Excellent source of fibre – High fibre – Fibre increased

0 0 0 1

Salt – Low salt – Very low salt – Reduced salt – No added salt – Salt free

0 0 0 3 1

Energy – Low energy – Reduced energy

0 0

Other claims – Lite/Light – “Diet” – X% free other than fat

0 0 0

Table A60 shows there were 4 claims on Food intended for particular dietary use labels assessed as inconsistent with the relevant labelling provisions. These were all featured on labels collected in New Zealand. Three labels did not have the RDI information required by Standard 1.3.2, and another did not provide the amount of a nutrient in the NIP, also required by Standard 1.3.2.

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Table A60. Summary of claims on labels collected in Food intended for particular dietary use labels that were assessed as inconsistent with the relevant labelling provisions Australia New Zealand Label Provision

Number of inconsistent claims

Reason Number of inconsistent claims

Reason

CoPoNC 0 0

X% Fat Free Reference to whole of class absent

n/a n/a

X% Fat Free Reference to whole of class absent

Std 1.2.8 0 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in PanelNutrient not in Panel

0 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in Panel Nutrient not in Panel

Std 1.3.2 0 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

3 1 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

Std 1.1A.2

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

NZDSR n/a Treating or preventing a disease

0 Treating or preventing a disease

Total 0 4 n/a = not applicable

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Appendix 4.13 Non-alcoholic beverages In Food Category 13, Non-alcoholic beverages, 130 labels were assessed and 60 labels (46%) featured nutrition, health or related claims (Table A61). The 76 Non-alcoholic beverages labels collected in Australia accounted for 58% of all Category 13 labels, with 43% (n=33) of these carrying a claim. Of the Non-alcoholic beverages labels collected in New Zealand, 50% (n=27) carried claims. Of the Non-alcoholic beverages labels collected in Australia that carried a claim, 31 had nutrition claims, while health claims were present on 6 (18%) of these labels. Of the Non-alcoholic beverages labels collected in New Zealand that carried a claim, all had nutrition claims, while health claims were also present on 11 (41%) of these labels. Table A61. Summary of Non-alcoholic beverage labels collected in Australia and New Zealand

Of the 31 Non-alcoholic beverages labels collected in Australia that featured nutrition claims, all displayed general level absolute content claims, and 2 also featured comparative content claims (Table A62). Six labels from Non-alcoholic beverages category collected in Australia had general level health claims. Two of these were health-related symbols or graphics, two were function claims and one was an enhanced function claim. Of the 27 Non-alcoholic beverages collected in New Zealand that featured nutrition claims, 96% (n=26) had general level absolute content claims, and two labels featured comparative content claims. Eleven labels from the Non-alcoholic beverages category collected in New Zealand featured a total of 15 general level health claims. Four labels with health claims featured function claims and four featured enhanced function claims. Two labels featured health-related endorsements, namely the National Heart Foundation Tick, and two labels featured health-related symbols or graphics. One label had a Whole of diet claim and one had a risk reduction claim for a non-serious disease. The product name of one New Zealand label was assessed as a general level health claim, with the exact wording as follows:

‘Red Seal Relaxing Tea Caffeine Free Herbal Tea Bags’

Australia New Zealand Total Number of labels sampled 76 54 130 Labels with Claims 33 27 60 Labels with Nutrition claims only 27 16 43 Labels with Health claims only 2 0 2 Labels with both health & nutrition claims 4 11 15

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Table A62. Summary of number of Non-alcoholic beverage labels with claims assessed against the proposed classification framework

Table A63 shows 4 nutrition claims on Non-alcoholic beverage labels collected in Australia and New Zealand made claims that were assessed against the provisions of the Food Code for claims relating to certain substances. Energy content claims featured on 3 labels, and one label featured a claim in relation to poly and mono unsaturated fat content. Table A63. Breakdown of nutrition claims made on Non-alcoholic beverage labels assessed against Standard 1.2.8 (Division 3) Food Code Nutrition Claims Australia New Zealand Total Fat – Poly & Mono Unsaturated Fat – Omega claims

1 0

0 0

1 0

Joule 1 2 3 Lactose 0 0 0 Gluten 0 0 0 Sodium 0 0 0

Nineteen nutrition claims on Non-alcoholic beverage labels collected in Australia were assessed against CoPoNC, with the breakdown of claim types provided in Table 64. The majority of these (68%, n=13) related to sugar content. Two labels featured the word ‘Diet’ and one label featured the word ‘light or lite’. One label featured an ‘X% Fat free’ claim, one featured a low energy claim and another featured a Cholesterol free claim.

Australia New Zealand Total General Level Claims - Nutrition Labels with Absolute claims only 29 25 54 Labels with Comparative claims only 0 1 1 Labels with both Absolute & Comparative claims 2 1 3

General Level Claims - Health Labels with Function claims 2 4 6 Labels with Enhanced Function claims 1 4 5 Labels with Risk reduction (non-serious) claims 0 1 1 Labels with Whole of Diet claims 1 1 2 Labels with Lifestage claims 0 0 0 Labels with Endorsements (Heart Tick) 0 2 2 Labels with health-related Trade marks & Product Names 0 1 0 Labels with health-related Symbols/Graphics 2 2 4

High Level Claims Labels with Biomarker maintenance claims 0 0 0 Labels with Biomarker enhancement claims 0 0 0 Labels with Risk reduction (serious disease) claims 0 0 0

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Table A64. Breakdown of CoPoNC claims made on Non-alcoholic beverage labels collected in Australia

CoPoNC claims Australia Fat – Reduced fat

– Low fat – X% Fat Free – Low in saturated fat

0 0 1 0

Cholesterol – Low cholesterol – Cholesterol free

0 1

Sugar – Reduced sugar – Low sugar – Sugar free – Unsweetened – No added sugar

0 0 1 1 11

Dietary Fibre – Source of fibre – Excellent source of fibre – High fibre – Fibre increased

0 0 0 0

Salt – Low salt – Very low salt – Reduced salt – No added salt – Salt free

0 0 0 0 0

Energy – Low energy – Reduced energy

1 0

Other claims – Lite/Light – “Diet” – X% free other than fat

1 2 0

Table A65 shows there were 4 claims on Non-alcoholic beverage labels assessed as inconsistent with the relevant labelling provisions. Three labels did not have the RDI information required by Standard 1.3.2. One did not provide the amount of a nutrient in the NIP, required by Standard 1.2.8, and one label listed fibre, instead of dietary fibre in the NIP. One label collected in New Zealand referenced a disease or medical condition, and was therefore assessed as inconsistent with the requirements of the transitional Standard 1.1A.2. As the claim provided advice about treating or preventing a disease, it was also assessed as inconsistent with the requirements of the NZDSR. The exact wording is as follows:

‘Echinacea is believed to reduce the severity and duration of colds. Combined with Acerola Berry, a rich natural source of Vitamin C, and a delicious blend of fruit, Simply Berry is a unique way to boost your immune system.’

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Table A65. Summary of claims on labels collected in Non-alcoholic beverage labels that were assessed as inconsistent with the relevant labelling provisions Australia New Zealand Label Provision

Number of inconsistent claims

Reason Number of inconsistent claims

Reason

CoPoNC 0 0

X% Fat Free Reference to whole of class absent

n/a n/a

X% Fat Free Reference to whole of class absent

Std 1.2.8 0 1 0 1

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in PanelNutrient not in Panel

0 0 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in Panel Nutrient not in Panel

Std 1.3.2 1 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

2 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

Std 1.1A.2

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

1 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

NZDSR* n/a Treating or preventing a disease

1 Treating or preventing a disease

Total 3 4 n/a = not applicable * One claim assessed as inconsistent with the provisions of the transitional Standard 1.1A.2 was also assessed as inconsistent with the provisions of the NZDSR.

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Appendix 4.14 Mixed foods In Food Category 14, Mixed foods, 282 labels were assessed and 111 labels (39%) featured nutrition, health or related claims (Table A61). The 145 Mixed food labels collected in Australia accounted for 51% of all Category 14 labels, with 44% (n=64) of these carrying a claim. Of the Mixed food labels collected in New Zealand, 34% (n=47) carried claims. Of the 64 Mixed food labels collected in Australia that carried a claim, 63 (98%) had nutrition claims, while health claims were present on 7 (11%) of these labels. Of the 47 Mixed food labels collected in New Zealand that carried a claim, 45 (96%) had nutrition claims, while health claims were present on 10 (21%) of these labels. Table A66. Summary of Mixed food labels collected in Australia and New Zealand

Of the 63 Mixed food labels collected in Australia that featured nutrition claims, 98% (n=62) displayed general level absolute content claims, and 7 (11%) featured comparative content claims (Table A67). Seven labels from Mixed food category collected in Australia had general level health claims. Three of these were function claims, three were health-related endorsements, namely the National Heart Foundation Tick and one was a health-related symbol or graphic. Of the 45 Mixed food category collected in New Zealand that featured nutrition claims, all had general level absolute content claims, and one label also featured a comparative content claim. Ten labels from the Mixed food category collected in New Zealand featured general level health claims. Eight labels featured health-related endorsements, namely the National Heart Foundation Tick. Three labels with health claims featured function claims and one featured a health-related symbol or graphic.

Australia New Zealand Total Number of labels sampled 145 137 282 Labels with Claims 64 47 111 Labels with Nutrition claims only 57 37 94 Labels with Health claims only 1 2 3 Labels with both health & nutrition claims 6 8 14

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Table A67. Summary of number of Mixed food labels with claims assessed against the proposed classification framework

Table A68 shows 19 nutrition claims on Mixed food labels collected in Australia and New Zealand made claims that were assessed against the provisions of the Food Code for claims relating to certain substances. Poly and mono unsaturated fat content claims featured on 9 labels, and six labels featured claims in relation gluten content. Four labels featured sodium content claims. Table A68. Breakdown of nutrition claims made on Mixed food labels assessed against Standard 1.2.8 (Division 3) Food Code Nutrition Claims Australia New Zealand Total Fat – Poly & Mono Unsaturated Fat – Omega claims

9 0

0 0

9 0

Joule 0 0 0 Lactose 0 0 0 Gluten 4 2 6 Sodium 4 0 4

Fourty-nine nutrition claims on Mixed food labels collected in Australia were assessed against CoPoNC, with the breakdown of claim types provided in Table 69. The majority of these (55%, n=27) related to fat content. Nine labels featured claims in relation to cholesterol content, and 4 labels made claims in relation to fibre content. A further 4 labels made claims in relation to salt content, 2 featured energy content claims and 2 labels featured the word ‘Light’ or ‘Lite’.

Australia New Zealand Total General Level Claims - Nutrition Labels with Absolute claims only 56 44 100 Labels with Comparative claims only 1 0 1 Labels with both Absolute & Comparative claims 6 1 7

General Level Claims - Health Labels with Function claims 3 3 6 Labels with Enhanced Function claims 0 0 0 Labels with Risk reduction (non-serious) claims 0 0 0 Labels with Whole of Diet claims 0 0 0 Labels with Lifestage claims 0 0 0 Labels with Endorsements (Heart Tick) 3 8 11 Labels with health-related Trade marks & Product Names 1 0 1 Labels with health-related Symbols/Graphics 0 1 1

High Level Claims Labels with Biomarker maintenance claims 0 0 0 Labels with Biomarker enhancement claims 0 0 0 Labels with Risk reduction (serious disease) claims 0 0 0

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Table A69. Breakdown of CoPoNC claims made on Mixed food labels collected in Australia

CoPoNC claims Australia Fat – Reduced fat

– Low fat – X% Fat Free – Low in saturated fat

0 4 21 2

Cholesterol – Low cholesterol – Cholesterol free

1 8

Sugar – Reduced sugar – Low sugar – Sugar free – Unsweetened – No added sugar

1 0 0 0 0

Dietary Fibre – Source of fibre – Excellent source of fibre – High fibre – Fibre increased

1 1 2 0

Salt – Low salt – Very low salt – Reduced salt – No added salt – Salt free

0 0 2 2 0

Energy – Low energy – Reduced energy

0 2

Other claims – Lite/Light – “Diet” – X% free other than fat

2 0 0

Table A70 shows there were 12 claims on Mixed food labels assessed as inconsistent with the relevant labelling provisions. The majority of these (92%, n=11) were on labels collected in Australia. Four labels did not have the RDI information required by Standard 1.3.2. Three did not provide the expanded information about fat content required by Standard 1.2.8. Three labels made ‘X% Fat free’ claims were the products contained more than 3% fat, and were therefore inconsistent with the requirements of CoPoNC. One label omitted the amount of a nutrient in the NIP, required by Standard 1.2.8, and one label listed fibre, instead of dietary fibre in the NIP.

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Table A70. Summary of claims on labels collected in Mixed food labels that were assessed as inconsistent with the relevant labelling provisions Australia New Zealand Label Provision

Number of inconsistent claims

Reason Number of inconsistent claims

Reason

CoPoNC 3 0

X% Fat Free Reference to whole of class absent

n/a n/a

X% Fat Free Reference to whole of class absent

Std 1.2.8 3 0 0 1

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in PanelNutrient not in Panel

0 1 0 0

No Expanded fats Fibre, not Dietary Fibre Dietary Fibre not in Panel Nutrient not in Panel

Std 1.3.2 4 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

0 0 0 0 0

RDI Missing Nutrient not in Panel % RDI too low Non-specific reference to nutrient Comparison of Vitamin content

Std 1.1A.2

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

0 0 0 0

Reference to a disease or condition Medical advice Prophylactic claim Weight loss claim

NZDSR n/a Treating or preventing a disease

0 Treating or preventing a disease

Total 11 1 n/a = not applicable