5. Claim Requirements

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General Foods
South Korea

This section provides information on the definition of different types of claims and any restrictions or allowance of claims as well as claim registration processes.

5.1 Overview of Claims

5.1.1 Types & Definitions

1. Nutritional claim for General Foods

1) Nutrition labeling refers to the labeling of a certain amount of nutrients contained in a certain product [1].

2) Nutrition claims can indicate the fact or level of nutritional content contained in the product using specific terms such as no, low, high, fortified, added, or reduced. This means the following:

Nutrient content claim: The content of the nutrient is labeled by expressions such as no ○○, low ○○, high ○○, contains ○○, etc [1].
Nutrients that can be highlighted are limited to those for which the daily nutritional intake is specified in Table 5 under Article 6 of the Enforcement Rule of Food Labeling and Advertising Act [2] (see Section 5.4 below).

3) General foods with functional labeling: this product contains B (functional raw materials or ingredients) that are known (or reported) to help with A (functionality) according to article 6.1 of Regulations on Functional Labeling or Advertising of Food, etc. that are not considered unfair labeling or advertising [3].

2. Health claim for General Foods

The scope allowed for the functional claim labeling is as follows.

1) Nutrient function labeling that indicates the physiological effects of nutrients on the growth, promotion, and normal function of the human body as an indication of functionality specified in Article 3-2 of the Health Functional Food Act [4].

2) An indication of physiological function improvement other than the function of nutritional components, which indicates a contribution to health, improvement of function, or maintenance and improvement of health by having a special effect on the normal function or biological activity of the human body [4].

3) It Includes disease occurrence risk reduction labeling related to disease occurrence or disease risk reduction. A health claim on the reduction of disease risk is not allowed for all health functional food [4].

3. Therapeutic claims for General Foods

Therapeutic claim is not allowed for all health functional foods according to Article 8 of the Food Labeling and Advertising Act [5].

5.1.2 List of Prohibited Claims [5]

Labels or advertisements that may be perceived as effective in preventing or treating diseases.
Labeling or advertising that may cause food, etc. to be perceived as medicine.
Labeling or advertising that may cause a non-health functional food to be perceived as a health functional food.
False or exaggerated labeling or advertising.
Labels or advertisements that deceive consumers.
Labels or advertisements that disparage other companies or their products.
Labeling or advertisement that unfairly compares oneself or one's food with that of another company or other company’s food without objective facts.
Labels or advertisements that significantly violate public morals or social ethics by encouraging speculative behavior or using obscene expressions.
Labeling or advertising that may cause misidentification or confusion as the product by using the same or similar name, trademark, container, or packaging of a product other than food as prescribed by the Ordinance of the Prime Minister.
Labels or advertisements that have not been reviewed by the Deliberation Committee for labeling and advertisement. This is related to General Foods with functional labeling.

5.2 Nutritional Claims

5.2.1 Permitted Claims

As mentioned in Section 5.1.1 above, there are two types of nutritional claim (labeling) for General Foods such as "General Food" and "General Food with Functional Labeling".

1. Nutritional Claim for General Foods

Nutrient content claim: The content of the nutrient is labeled by expressions such as no ○○, low ○○, high ○○, contains ○○ [1].
Nutrients that can be highlighted are limited to those for which the daily nutritional intake is specified in table 5 under Article 6 of the Enforcement Rule of Food Labeling and Advertising Act [2].
When labeling or highlighting the content of vitamins and minerals (excluding sodium) within the daily nutritional value set in table 5 under Article 6 of the Enforcement Rule of Food Labeling and Advertising Act, the name and content of the relevant nutritional ingredient, and the ratio (%) to the daily nutritional intake in table 5 must be indicated [2].
Nutrients can be highlighted based on the daily nutritional intakes in Table 5 under Article 6 of the Enforcement Rule of Food Labeling and Advertising Act [2].
If fatty acids and amino acids for which daily nutritional intakes have not been set are labeled or nutritional claims are made, the name and content of the nutritional ingredients must be labeled [6].
The detailed standards for nutrient claims are in accordance with the detailed standards for nutrient content claims in the detailed standards for each labeling item in attached form No. 1 of the Food Labeling Standards [6].

Detailed standards for nutritional content claims

Nutrients	Nutritional labeling	Labeling requirement
Dietary fiber	Containing or Source	If the dietary fiber content of the food is more than 3g per 100g or more than 1.5g per 100 kcal of food, or if the one-time intake is more than 10% of the daily nutritional value. When it is possible to supply more than twice the content or source labeling standards
Dietary fiber	High or Rich	If food contains two times more than containing or source
Protein	Containing or Source	1) If the protein content of the food is more than 10% of the daily nutritional value per 100g or more than 5% of the daily nutritional value per 100ml of food 2) When the protein per 100 kcal of food can be supplied at more than 5% of the daily nutritional intake or when the one-time intake is more than 10% of the daily nutritional intake
Protein	High or Rich	If food contains two times more than containing or source
Minerals or Vitamins	Containing or Source	1) If the vitamin or mineral content of the food is more than 15% of the daily nutritional value per 100g or more than 7.5% of the daily nutritional value per 100ml of food 2) If more than 5% of the daily nutritional value is supplied with vitamins or minerals per 100 kcal of food, or if one serving is more than 15% of the daily nutritional value
Minerals or Vitamins	High or Rich	If food contains two times more than containing or source

2. General foods with functional labeling

As mentioned in Section 4.6 - Authority Approval of Product Label - of this guidebook, general food containing more than 30% of the daily reference value of listed health functional ingredient (permitted under the Health Functional Food Code [10]) can use function claim as below according to Article 5 of the Regulation on the Food Labeling and Advertisement that is not recognized as improper labeling and advertisement [3]. (Example) “This product contains B (functional raw materials or ingredients) that are known (or reported) to help with A (functionality).”
General food with functional labeling is applicable for processed milk and fermented milk according to Article 3 of the Regulation on the Food Labeling and Advertisement that is not recognized as improper labeling and advertisement [3].

5.2.2 Nutritional Claim Registration

1. For nutritional claims that are already permitted for use

For general foods, a nutritional claim does not need to be registered. But for special nutritional foods, foods for special medical purposes, and general foods with functional labeling, registration of the product is required according to Article 10 of the Enforcement Rule of Food Labeling and Advertising Act [2].

The registration process, cost, and timeline of a general food with functional labeling are as below [7]:

Submission → reviewing → notification → if approved, labeling is possible
Documents: Product details including product name, formulation, manufacturing process, packaging method packing unit, etc.
Estimated cost: 165,000 Korean Won
Duration of process: about 20 days

2. For nutritional claims that are not currently permitted for use

Not possible to use at the moment according to Article 10 of the Enforcement Rule of Food Labeling and Advertising Act [2].

5.3 Health Claims

5.3.1 Permitted Claims

No health claim is allowed for general foods according to Article 8 of the Food Labeling and Advertising Act [5]. The only exemption is when general foodstuffs are permitted to contain functional ingredients, then they are referred to as "general food with functional labeling" (refer to Section 5.2 above).

5.3.2 Health Claim Registration

1. For health claims that are already permitted for use

Health claims are not allowed for general foods [5]. For general foods with functional labeling, please refer to Sections 5.2.2 and 4.6 of this guidebook.

2. For health claims that are not currently permitted for use

Health claims are not allowed for general foods [5]. For general foods with functional labeling, in order to get a new health claim approved, the functional ingredient must be approved for use first [8].

Specifically for health claims, the Authority will evaluate the submitted functionality documents according to research type and quality. Evaluation of the quality, quantity, consistency, and applicability of research will be carried out in totality to validate the scientific substantiation and ensure the safety and efficacy of the proposed health claim.

5.4 Other Notes or Requirements for Claims

According to Table No. 5 ‘Daily nutritional standard‘ under Article 6 of the Enforcement Rule of Food Labeling and Advertising Act, the Daily Reference Value allowing nutritional claim and functional labeling (health claim) is defined below [2].

Nutrient	Standard(unit)	Nutrient	Standard(unit)	Nutrient	Standard(unit)
Carbohydrate	324 g	Vitamin E	11 ㎎α-TE	Phosphorus	700 ㎎
Sugar	100 g	Vitamin K	70 ㎍	Sodium	2,000 ㎎
Dietary fiber	25 g	Vitamin C	100 ㎎	Potassium	3,500 ㎎
Protein	55 g	Vitamin B1	1.2 ㎎	Magnesium	315 ㎎
Fat	54 g	Vitamin B2	1.4 ㎎	Iron	12 ㎎
Linoleic acid	10 g	Niacin	15 ㎎ NE	Zinc	8.5 ㎎
α-Linolenic acid	1.3 g	Vitamin B6	1.5 ㎎	Copper	0.8 ㎎
Sum of EPA & DHA	330 ㎎	Folic acid	400 ㎍ DFE	Manganese	3.0 ㎎
Saturated fat	15 g	Vitamin B12	2.4 ㎍	Iodine	150 ㎍
Cholesterol	300 ㎎	Pantothenic acid	5 ㎎	Selenium	55 ㎍
Vitamin A	700 ㎍ RAE	Biotin	30 ㎍	Molybdenum	25 ㎍
Vitamin D	10 ㎍	Calcium	700 ㎎	Chromium	30 ㎍