NEW ZEALAND GAZETTE, No. 49 — 8 MAY 2015

1.2.7—8 Claims not to be therapeutic in nature

A claim must not:

(a) refer to the prevention, diagnosis, cure or alleviation of a disease, disorder or condition; or

(b) compare a food with a good that is:

(i) represented in any way to be for therapeutic use; or

(ii) likely to be taken to be for therapeutic use, whether because of the way in which the good is presented or for any other reason.

1.2.7—9 Claims not to compare vitamin or mineral content

A claim that directly or indirectly compares the vitamin or mineral content of a food with that of another food must not be made unless the claim is permitted by this Code.

1.2.7—10 Standard does not prescribe words

Nothing in this Standard is to be taken to prescribe the words that must be used when making a claim.

Note see also section 1.1.1—8.

Division 4 Requirements for nutrition content claims

1.2.7—11 Presentation of nutrition content claims

A nutrition content claim must be stated together with a statement about the form of the food to which the claim relates, unless the form of the food to which the claim relates is the food as sold.

1.2.7—12 Nutrition content claims about properties of food in section S4—3

(1) If a *property of food is mentioned in Column 1 of the nutrition content claims table (section S4—3), a nutrition content claim may only be made about that property of food in accordance with this section.

(2) If a claim is made in relation to a food about a property of food mentioned in Column 1 of the nutrition content claims table, the food must meet the corresponding general claim conditions, if any, in Column 2 of the table.

(3) If a claim made in relation to a food about a property of food mentioned in Column 1 of the nutrition content claims table uses a descriptor mentioned in Column 3 of the table, or a synonym of that descriptor, the food must meet:

(a) the general claim conditions for the relevant property of food in Column 2 of the table; and

(b) the specific claim conditions in Column 4 of the table for the relevant descriptor.

(4) If, in relation to a claim mentioned in subsection (3), there is an inconsistency between a general claim condition in Column 2 of the table and a specific claim condition in Column 4 of the table, the specific claim condition prevails.

(5) A descriptor must not be used in a nutrition content claim about lactose or trans fatty acids unless the descriptor:

(a) is mentioned in Column 3 of the nutrition content claims table and corresponds with that property of food; or

(b) is a synonym of the descriptor referred to in paragraph (a).

(6) A descriptor must not be used in a *nutrition content claim about glycaemic load unless that descriptor is expressed as a number or in numeric form.

(7) A nutrition content claim in relation to gluten may only:

(a) use a descriptor that is mentioned in Column 3 of the nutrition content claims table in conjunction with gluten, or a synonym of such a descriptor; or

(b) state that a food contains gluten or is high in gluten.

(8) Subject to this section and section 1.2.7—15 (Nutrition content claims must not imply slimming effects), any descriptor that is not mentioned in Column 3 of the nutrition content claims table, including a descriptor expressed as a number or in numeric form, may be used in conjunction with a *property of food that is mentioned in Column 1 of the table.

(9) In this Division:

nutrition content claims table means the table to section S4—3.

1.2.7—13 Nutrition content claims about properties of food not in section S4—3

(1) A nutrition content claim about a property of food that is not mentioned in the table to section S4—3 may state only: