Endorsements are nutrition content claims or health claims made with the permission of an endorsing body. Endorsements are not subject to Part 2 of Standard 1.2.7 (excluding clause 7) and Part 3 – Divisions 1, 2 and 4. Endorsements can only be made if the requirements below are met (clauses 22 and 23 of Standard 1.2.7).
Subclause 22 (1) states that endorsing bodies must:
- not be related to the supplier (subclause 22(2)) outlines when an endorsing body is related to a supplier)
- be independent of the supplier
- be free from influence by the supplier.
In this subclause, ‘supplier’ is the supplier of the food in relation to which an endorsement is made.
The supplier using the endorsement must (during sale or advertising for sale and for 2 years after the product was supplied or advertised) keep and make available to the relevant authority, if requested, records demonstrating that (clause 23):
- it has the permission of the endorsing body to use the endorsement;
(e.g. a certificate of accreditation)
- the endorsing body has a nutrition or health-related function or purpose (articles of association outlining the function of the endorsing body may demonstrate this)
- the endorsing body is a not-for-profit entity not related to the supplier using the endorsement (company documents may demonstrate this).
Endorsements must comply with clause 7 (claims must not be therapeutic in nature) and not refer to a serious disease except when referring to the endorsing body if the serious disease is part of the name of the endorsing body.
If these requirements are not met, endorsements are treated as nutrition content or health claims and must comply with all relevant requirements in the Standard.
A template is provided to help suppliers, that make nutrient content claims or heath claims with the permission of an endorsing body, demonstrate due diligence in attempting to comply with the Food Standards Code.