Food and Drug Regulations

B.24.003 (1) No person shall label, package, sell or advertise a food in a manner likely to create an impression that it is a food for special dietary use unless the food is

• (a) to (e) [Repealed, SOR/2003-11, s. 21]

• (f) a formulated liquid diet that meets the requirements contained in sections B.24.101 and B.24.102;

• (f.1) a meal replacement for special dietary use that meets the requirements contained in section B.24.200;

• (f.2) a nutritional supplement that meets the requirements contained in section B.24.201;

• (g) a gluten-free food that meets the requirements contained in section B.24.018;

• (h) represented for protein-restricted diets;

• (i) represented for low (naming the amino acid) diets; or

• (j) a food represented for use in a very low energy diet, where the food meets the requirements contained in section B.24.303.

(1.1) Despite subsection (1), a person may label, package, sell or advertise a food in a manner likely to create an impression that it is a food for special dietary use if its label carries a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims, in accordance with section B.01.503, in respect of any of the following subjects set out in column 1:

• (a) “free of energy”, set out in item 1;

• (b) “low in energy”, set out in item 2;

• (c) “free of sodium or salt”, set out in item 31;

• (d) “low in sodium or salt”, set out in item 32; or

• (e) “free of sugars”, set out in item 37.

(2) Subsection (1) does not apply to a human milk fortifier or human milk substitute as defined in section B.25.001.

(3) No person shall label, package, sell or advertise a food in a manner likely to create an impression that it is for use in a weight reduction diet unless that food is

• (a) a meal replacement that meets the compositional requirements contained in section B.24.200;

• (b) a prepackaged meal;

• (c) a food sold by a weight reduction clinic to clients of the clinic for use in a weight reduction program supervised by the staff of the clinic; or

• (d) a food represented for use in a very low-energy diet that meets the compositional requirements contained in section B.24.303.

(4) Except as otherwise permitted by these Regulations, no person shall label, package, sell or advertise a food as “dietetic” or “diet”, or use those words as part of the brand name of the food, unless its label carries a statement or claim set out in column 4 of the Table of Permitted Nutrient Content Statements and Claims, in accordance with section B.01.503, in respect of any of the following subjects set out in column 1:

• (a) “free of energy”, set out in item 1;

• (b) “low in energy”, set out in item 2;

• (c) “reduced in energy”, set out in item 3;

• (d) “lower in energy”, set out in item 4; or

• (e) “free of sugars”, set out in item 37.