Navigating the Global Regulatory Landscape of Sugar Free and No Added Sugar Claims

As consumers increasingly prioritize healthier dietary choices, food labeling claims like "sugar-free" and "no added sugar" have gained attention. However, the global regulatory frameworks for these claims can be complex, with varying criteria and labeling requirements across countries and regions. For instance, while the EU has established clear definitions for these claims, Australia does not have specific provisions regarding sugar free claims in the Food Standard Code. This article explores the regulatory landscape of sugar free claims and no added sugar claims in key markets, highlighting the similarities and differences to guide manufacturers, marketers, and stakeholders in compliance and product development.

The EU

In the EU, sugar-related claims are regulated by Regulation (EC) No 1924/2006 on nutrition claims and health claims made on food. Sugars are defined as all monosaccharides and disaccharides present in food, but excludes polyols.

• Sugar free claims: Product must contain no more than 0.5 g of sugar per 100 g or 100 ml.

• No added sugars claims: The product must not contain any added mono- or disaccharides or any other food used for its sweetening properties. If sugars are naturally present in the food, the following indication should also appear on the label: CONTAINS NATURALLY OCCURRING SUGARS.

The US

In the US, sugar-related claims are governed by Part 101 Food Labeling of the Code of Federal Regulations. Total sugars shall be defined as the sum of all free mono- and disaccharides (such as glucose, fructose, lactose, and sucrose).

• Sugar free claims: The food must contain less than 0.5 g of sugars both per Reference Amount Customarily Consumed (RACC) and per labeled serving. Additionally, the products must include appropriate calorie information. For instance, foods that are marketed with sugar free claims whose calories are not low or reduced shall bear additional calorie statements, such as “not a low calorie food”, “not a reduced calorie food”, or “not for weight control”.

• No added sugar claims: The food does not contain any sugar as defined in the Code or any other ingredient that contains added sugar during processing or packaging. In addition, the food must include a statement indicating that it is not "low calorie" or "calorie reduced," unless it meets the guidelines to qualify as a "low" or "reduced calorie" food.

Canada

In Canada, sugar-related claims are regulated in Part B Foods of the Food and Drug Regulations. Sugars refers to all monosaccharides and disaccharides.

• Sugar free claims: The food shall contain less than 0.5 g of sugars both per reference amount and per serving of stated size, and meet the conditions for “low in energy”.

• No added sugars claims: Products must meet all the following conditions:

1. The food contains no added sugars-based ingredients or ingredients containing sugars-based ingredients,

2. The sugars content is not increased through other means except the situation where the functional effect is not to increase the sugars content of the food.

3. Similar reference food contains an added sugars-based ingredient or an ingredient containing a sugars-based ingredient, and does not meet the conditions for the low sugar claim.

Australia

In Australia, no added sugar claims are regulated in Schedule 4 Nutrition, health and related claims in the Australia New Zealand Food Standards Code (the Code). Sugar means monosaccharides (other than D-allulose) and disaccharides.

• Sugar free claims: The Code does not explicitly regulate sugar-free claims; instead, they fall under the jurisdiction of consumer and fair trading laws. The Australian Competition and Consumer Commission (ACCC) interprets "free" claims as requiring the complete absence of the specified substance in the product. This rigorous standard makes sugar-free claims particularly difficult to substantiate, resulting in their infrequent use in practice.

• No added sugar claims: These claims can only be made where the food is not an added sugar as defined by the Code and does not contain an added sugar as an added ingredient. Additionally, the food shall not contain more sugars than 10 g/100 g for solid food or 7.5 g/100 mL for liquid food.

Note: A “% sugar-free” claim, as regulated under the Food Standards Code, can be made if the food contains no more than 5g of sugars per 100g of solid food, or no more than 2.5g of sugars per 100mL of liquid food. This is distinct from sugar-free claims as interpreted by the ACCC.

China

In China, sugars are defined as all monosaccharides and disaccharides. Sugar-free claims are regulated by GB 28050-2011 National Food Safety Standard: General Rules for Nutrition Labeling of Prepackaged Foods. 

• Sugar free claims: The food must contain no more than 0.5g of sugar per 100g (solid) or 100mL (liquid).  For claims like "sugar-free," "no sugar," or "zero (0) sugar," "sugar" must be listed as an item in the nutrition facts panel, with the content listed as "0" per 100g or 100mL.

• No added sugar claims: Currently, there is no official standard for no added sugar claims. However, the GB 7718 draft proposes stricter requirements to addresses market misuse, potentially banning terms like "no added" or their synonyms.

Japan

In Japan, sugar-related claims are regulated by Food Labeling Act and Food Labeling Standards. Sugars refer to all monosaccharides and disaccharides contained in the food.

• Sugar free claims: The food must contain less than 0.5 g of sugar per 100g or 100ml.

• No added sugar claims: These claims can only be made following the following criteria:

1. No sugars of any type are added.

2. No sugar-substituting ingredients or food additives are used.

3. Sugar content of the food does not exceed the amount of sugar contained in the ingredients and food additives.

4. Sugar content is declared.

Singapore  

In Singapore, sugar-related claims are clearly defined in A handbook on Nutrition Labelling. Free sugars refer to all monosaccharides and disaccharides added to foods by the manufacturer, as well as sugars naturally present in honey, syrups and fruit juices. This definition excludes lactose and galactose if naturally present in milk. Deionised fruit juice is also considered free sugar.

• Sugar free claims: Products must contain ≤ 0.5 g of sugar per 100 g or 100 ml, or per serving for meal type products.

• No added sugar claims: These claims can only be made when no free sugars or ingredients with added free sugar, honey, malt and malt extract is added during processing. The exception is sugar alcohols and sweetening substances.