CFDA to Target Functional Foods Bearing Misleading Health Claims

At a recent conference on institutional and ministerial reform in China, Chinese Premier Li Keqiang gave voice to many of the government’s current policies and priorities. Of particular note were statements outlining a new zero tolerance stance towards food safety and individuals operating within the food industry who deliberately profit from misleading consumers. With the reverberations from recent scandals still being felt, the global spotlight is still firmly fixed on the Chinese industry. Premier Li stated that “perpetrators must pay such a high price that they cannot afford” and that despite budgetary constraints, the task is of utmost importance. The specifics of the current initiative highlighted health foods (functional foods) as a key area for increased regulation. As a quick background, health foods in China are strictly regulated in terms of their qualifying criteria and permissible marketing and labeling. 27 claims are allowed which are similar to European legislation, focus on diminishing risk factors associated with chronic diseases or alternatively improving bodily functions. The definition of health foods excludes all products which claim to be therapeutically beneficial in disease management.As part of its first role since being elevated to Ministerial level, the CFDA is charged with clamping down on products bearing unlawful or misleading claims. To demonstrate its appetite for the task assigned, the CFDA yesterday made public 12 companies producing products bearing illegal claims. The CFDA outlined that the primary reasons for their judgments were based on health claims that were “confusing,” unscientific” or “imply a role in disease treatment.”