By Charles Fisher and Joe Lederman
FoodLegal Lawyers and Consultants
© Lawmedia Pty Ltd, October 2011
On 23 September 2011, the National Heart Foundation declared that it would be withdrawing the “bold” use of its Tick logo from the fast food environment, McDonalds being the most famous company to make use of the Heart Tick certification. While the National Heart Foundation has been clear that the withdrawal is not a criticism of McDonalds, it is arguable that the certifying of “healthier” products can expose both the certifier and the certified to unexpected legal risks. Given the large number of certification schemes marketing health angles used by food products, the legal risks considered in this article ought to be considered by certification bodies as well as by food companies seeking an endorsement.