5. Claim Requirements

Beers & Whisky
Malaysia

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

"Nutrient content claims" means a nutrition claim that describes the level of a nutrient contained in a food. 

"Nutrient function claims" means a nutrition claim that describes the physiological role of the nutrient in the growth, development, and normal functions of the body. A nutrient function claim shall not imply or include any statement to the effect that the nutrient would afford a cure or treatment for or protection from a disease. 

"Therapeutic claims" - The regulation doesn't mention "Therapeutic Claims." However, Regulation 18F on "Other Function Claims" defines an "other function claim" as one describing a specific beneficial effect of a food component that contributes positively to health or improves a bodily function. These claims might be relevant to "Therapeutic Claims," but they are not the same.

5.1.2 List of Prohibited Claims

General Food

The list of prohibited statements/claims:

• [Regulation 18(1A)] - Words to indicate grading, quality, or superiority or any other words of similar meaning shall not appear on the label of any package of food unless such description of grading, quality, or superiority conforms to those established by the relevant authorities responsible for such grading. Example of the claims: Selected Ingredients, Quality, Satisfaction guaranteed, Quality guaranteed, Made from quality, Getting approval from the Ministry of Health, Using a reference letter of classification (..) MOH/163/S/25 No JLD, Premium, Authenthic.
• Regulation 18(2) - The word “pure” or any other words of similar meaning shall not appear on the label unless the food given strength, purity, or quality prescribed by regulation.
• Regulation 18(3) - The word “compounded”, “medicated”, “tonic” or “health” or any other words of similar meaning (e.g. “Food Supplement, Healthy Food, Medicated Honey").
• Regulation 18(4) - Claims on the absence of: a. Beef or pork or its derivatives, or lard or added alcohol if the food does not contain such ingredients; or b. Any additives or nutrients whereby the addition of which is prohibited by the regulations.
• Regulation 18(5) - The following claims are prohibited: 
  1. Claims stating that any particular food will provide an adequate source of all essential nutrients. 
  2. Claims implying that a balanced diet or a combination of a variety of foods cannot supply adequate amounts of all nutrients. 
  3. Claims that cannot be substantiated. 
  4. Claims suggesting that a food can prevent, alleviate, treat, or cure a disease, disorder, or other physiological function. 
  5. Claims that cause the consumer to doubt the safety of similar food. 
  6. Claims that arouse or exploit fear in the consumer.
• Regulation 18(6) - The word “organic”, “biological”, “ecological”, and “biodynamic” or words of similar meaning or descriptive matter of the same significance unless the food conforms to the requirements established or recognized by the Food Safety and Quality Program.
• The word “nutritious” or words of similar meaning unless the food meets the requirements below:
  • The food contains a range of nutrients including carbohydrate, fat, protein, vitamin and mineral; 
  • The food contains a substantial amount of energy of more than 40kcal per 100g or 20kcal per 100ml; 
  • The food contains a source of protein not less than 5g per 100g or 2.5g per 100ml;
  • The food contains at least four vitamins of an amount that meets the criteria for claim as source and two minerals (excluding sodium) of an amount that meets the criteria for claim as source; 
  • The amount of the nutrients mentioned in paragraphs (a) and (d) is declared.

Category

Alcoholic drinks

Same as "General Food" above.

Product

1) Beer

Same as "Category" (alcoholic drinks) above.

2) Whisky

Same as "Category" (alcoholic drinks) above.

5.2 Nutritional Claims

A nutrition claim is any claim made on the label of a food product pertaining to its nutritional quality which is classified as:

1. Nutrient content claim [Regulation 18c]
2. Nutrient comparative claim [Regulation 18d]
3. Nutrient function claim [regulation 18e]
4. Other function claim [Regulation 18f]
5. Claim for enrichment, fortification, contains or other words of similar meaning [Regulation 26(70)].

5.2.1 Permitted Claims

General Food

The list of permitted claims is as follows:

1. Nutrient content claim [Regulation 18c]
   • A claim describing the level of nutrients in a food product.
2. Nutrient comparative claim [Regulation 18d]
   • A claim that compares the nutrient level and/or energy value between two or more similar foods.
3. Nutrient function claim [regulation 18e]
   • A claim that describes the physiological role of a nutrient in growth, development, and normal functions of the body.
4. Other function claim [Regulation 18f]
   • A claim that describes specific beneficial effects of other food components in the food that gives positive contributions to health or improvement of function of the body.
5. Claim for enrichment, fortification, contains or other words of similar meaning [Regulation 26(7)]
   • claim for enrichment, fortification, or other words of similar meaning as specified in sub-regulation (7) of regulation 26.

Category

Alcoholic drinks

While regulations do not specifically prohibit nutrition claims on alcoholic products, in practice, alcoholic beverages do not bear nutrition claims. If a nutrition claim is used, it should comply with the requirements under “General Food” above. 

Product

1) Beer

Same as "Category" (alcoholic drinks) above.

2) Whisky

Same as "Category" (alcoholic drinks) above.

5.2.2 Nutritional Claim Registration

General Food

(a) For nutritional claims that are already permitted for use: No registration is required before use. 

(b) For nutritional claims that are not currently permitted for use: Registration is required before use. Please find the details below:

Category

Alcoholic drinks

(a) For nutritional claims that are already permitted for use: Please refer to the info under "General Foods" above.

(b) For nutritional claims that are not currently permitted for use: Please refer to the info under "General Foods" above.

1) Beer

Same as "Category" (alcoholic drinks) above.

2) Whisky

Same as "Category" (alcoholic drinks) above.

5.3 Health Claims

[Regulation 18F - Other function Claim] defines Other function Claims. For its definition, refer to the nutrient function claim in Section 5.2 as above.

5.3.1 Permitted Claims

General Food

Regulation 18F - defines other function Claims:

(3) No label which describes any food shall include any claims relating to the function of other food component in the body unless the food for which the function claim is made complies with the minimum amount of the other food component and other conditions specified in Table IV to the Fifth A Schedule.

(4) No label on a package containing any food shall bear other function claim except those claims permitted in these Regulations or with prior written approval of the Director.

Category

Alcoholic drinks

While regulations do not specifically prohibit other function claims (health claims) on alcoholic products, in practice, alcoholic beverages do not use such claims. If other function claims are used, they should comply with “General Food” guidelines in Section 5.2 above. 

Product

1) Beer

Same as "Category" (alcoholic drinks) above.

2) Whisky

Same as "Category" (alcoholic drinks) above.

5.3.2 Health Claim Registration

General Food

(a) For health claims that are already permitted for use: Same as Section 5.2.2 above (General Food section). 

(b) For health claims that are not currently permitted for use: Same as Section 5.2.2 above (General Food section). 

Category

Alcoholic drinks

Please refer to Section 5.2.2 above (Alcoholic drinks section). 

Product

1) Beer

Same as "Category" (Alcoholic drinks) above.

2) Whisky

Same as "Category" (Alcoholic drinks) above.

5.4 Other Notes or Requirements for Claims

None.

5.5 References

1. Food Regulations 1985 Update December 2023 (PUA 209_2020) thereunder

https://hq.moh.gov.my/fsq/peraturanperaturan-makanan-1985

2. Application for Nutrition Claim [BKKM-SPM-26A/2021]

PDF attached below