5. Claim Requirements

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

Nutritional claims are claims using terms such as “low”, “free”, “high or rich” or “contains or source of” [1].

Functional claims are claims referring to achieving effects for health purposes, such as adjusting nutrients or having physiological actions related to the structure and function of the human body [2].

5.1.2 List of Prohibited Claims

Article 8 of the Food Labeling and Advertisement Act lists prohibited labeling or advertising of foods as provided below [3]:

1. Labels or advertisements that may be perceived as having efficacy in preventing or treating diseases.
2. Labels or advertisements that may be perceived as food being a pharmaceutical product.
3. Labels or advertisements that may lead to the perception that a non-health functional food is a health functional food.
4. False or exaggerated labels or advertisements.
5. Labels or advertisements that deceive consumers.
6. Labels or advertisements that disparage other businesses or their products.
7. Labels or advertisements that unfairly compare oneself or one's food with other businesses or their food without objective grounds.
8. Labels or advertisements that incite gambling or use obscene expressions, thereby significantly violating public morals or social ethics.
9. Labels or advertisements that use the same or similar names, trademarks, or containers/packaging as goods not defined as foods by Prime Minister's decree, which may cause confusion or misidentification with the said goods.
10. Labels or advertisements that have not been reviewed in accordance with Article 10(1) or that do not comply with the results of the review in violation of Article 10(4).
    

5.2 Nutritional Claims

5.2.1 Permitted Claims

Nutritional claims are permitted as per below [1]:

5.2.2 Nutritional Claim Registration

(a) For nutritional claims that are already permitted for use: Nutritional Claim registration is not required.

(b) For nutritional claims that are not currently permitted for use: There is no process. 

5.3 Health Claims

5.3.1 Permitted Claims

Health (functional) claims are not permitted for General Foods unless they meet the Regulations on the Indication or Advertising of Food Functions Not Considered Unfair Labeling or Advertising [4]. 

5.3.2 Health Claim Registration

(a) For health claims that are already permitted for use: Health (functional) claims that are permitted to be used must undergo prior review by the self-regulatory body. Since these claims are not allowed for alcoholic drinks, no further details are provided.

(b) For health claims that are not currently permitted for use: There is an approval process if the claim has not been approved. 

5.4 Other Notes or Requirements for Claims

None.

5.5 References 

1. Standards for the Labelling of Foods, etc. – revised on 6 Sep 2022

https://www.law.go.kr/LSW//admRulInfoP.do?admRulSeq=2100000214385

2. Health Functional Foods Act – revised on 17 Aug 2021

https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=234853&ancYd=20210817&ancNo=18445&efYd=20230101&nwJoYnInfo=Y&efGubun=Y&chrClsCd=010202&ancYnChk=0#0000

3. The Act on the Labeling and Advertising of Foods, etc. (Food Labeling and Advertising Act)

https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=257727&ancYd=&ancNo=&efYd=20240703&nwJoYnInfo=N&ancYnChk=0&efGubun=Y&vSct=식품%20등의%20표시광고에%20관한%20법률#0000

4. Regulations on the Indication or Advertising of Food Functions Not Considered Unfair Labeling or Advertising – revised on 8 Mar 2023 

https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=234853&ancYd=20210817&ancNo=18445&efYd=20230101&nwJoYnInfo=Y&efGubun=Y&chrClsCd=010202&ancYnChk=0#0000