A Better Solution for Health Claims: Scope for the ACCC to Regulate the Marketing of Health Benefits and Nutritional Content of Food

On 20 June 2008, the Australia and New Zealand Food Regulation Ministerial Council rejected the third draft of the proposed Health Claims Standard (1.2.7) under Proposal P293 that had been submitted by Australia’s food standard-setting agency,  Food Standards Australia New Zealand (‘FSANZ’). Some in the food industry in Australia have been able to circumvent aspects of the current restrictions on the making of health claims for food. Yet the the proposed Health Claims Standard is still not finalised after work began by the food regulatory bureaucracy nearly 12 years ago.

This article examines whether aspects of the Health Claims Standard are in fact necessary when considering the potential role that the Australian Competition and Consumer Commission could take to overcome many of the concerns and problems.

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