NVWA investigation into claims on social media
In late 2023, the Netherlands Food and Consumer Product Safety Authority (NVWA) published the results of an investigation into food claims in influencer marketing. The regulator analyzed 41 Instagram posts in which food was promoted. In 23 posts, the NVWA found violations, including medical claims, unauthorized health claims and nutrition claims that did not meet legal requirements.
Monitoring claims in the Netherlands and Belgium
Although the investigation was conducted in the Netherlands, the same regulations apply throughout Europe. The European Claims Regulation (EC) No. 1924/2006 applies to all commercial communications about food, regardless of the channel. This means that influencers promoting food products must also comply with these rules.
Regulators are following this evolution more and more closely. In the Netherlands, the NVWA actively monitors the use of claims on social media. Also in Belgium, the Federal Agency for the Safety of the Food Chain (FASFC) supervises food information and marketing around food products, including online sales and communication through social media. For example, in 2022, the agency handled 240 complaints about online food sales, often through social media or digital platforms. In addition, inspection campaigns show that food information and labeling are still regularly incomplete or incorrect.
Three types of claims, three types of risks
The European Claims Regulation distinguishes between medical claims, health claims and nutrition claims. It is essential for QA teams to properly understand this distinction because each category is subject to different legal requirements.
Medical claims
Medical claims refer to the prevention, treatment or cure of disease. For food products, these claims are always prohibited. When a product makes such claims, it may be legally subject to drug laws.
Health claims
Health claims suggest a link between a food or ingredient and health, for example, regarding the immune system, cholesterol or digestion.
These claims are only allowed if they are scientifically substantiated, officially approved and listed in the European claims register. In addition, specific conditions of use must be met, such as mentioning the importance of a varied and balanced diet and a healthy lifestyle.
Nutrition claims
Nutrition claims refer to specific nutritional properties of a product, such as "sugar-free", "source of protein" and "high in fiber".
The permitted claims and associated conditions are defined in the Claims Regulation (EC) No. 1924/2006.
Claims do not only apply on the label
Many companies still link the Claims Regulation primarily to labeling. In reality, the regulation applies to all commercial communications to consumers, including:
- labels and packaging;
- advertisements and leaflets;
- websites and web shops;
- product reviews;
- posts, videos and stories on social media;
- verbal expressions in videos and livestreams.
For QA managers, this means that claim control goes beyond the label alone. It also includes marketing campaigns, digital content and collaborations with influencers.
What do companies run into in practice?
In practice, QA teams see risks arising primarily when marketing messages are distributed outside of traditional product communications.
Three situations are common in this regard:
- Spontaneous formulations by influencers: influencers often use their own words to describe a product. This may unintentionally create health or even medical claims.
- Incomplete health claims: even when a claim is allowed, mandatory context statements such as reference to a varied diet and healthy lifestyle are often missing.
- Additional interpretation of product benefits: for example, around energy, resistance or weight loss.
For regulators, however, the channel makes no difference: social media content is also considered commercial communication.
How can QA managers manage this better?
For many companies, influencer marketing means that QA and regulatory need to work more closely with marketing teams. Some good practices that are becoming more common:
- Integrate claims control into marketing processes: Have marketing materials, influencer briefings and scripts pre-checked by QA or regulatory.
- Work with an internal claims library: Use pre-approved phrases from the EU claims register that marketing teams can use.
- Provide clear guidelines for influencers: Give influencers concrete instructions on which claims can and cannot be used.
- Monitor published content: Also effectively monitor published posts and videos to avoid claims being worded differently than agreed upon.
Consumer protection is key
The way food products are promoted is changing rapidly. Product information is no longer shared exclusively through packaging, but also through social media and influencer content.
For QA managers in the food industry, the role is thus shifting from classic labeling control to monitoring correct food information across all communication channels. Companies that respond proactively to this are reducing their compliance risks as well as strengthening consumer trust.
From label control to communication control
The way food products are promoted is changing rapidly. Product information is no longer limited to packaging or advertisements, but is spread through social media, reviews and influencer content.
For QA managers in the food industry, this means that their role is evolving from classic label control to monitoring correct food information across all communication channels.
Companies that proactively respond to this - with clear internal processes, collaboration with marketing and systematic claims control - not only reduce their risk of violations, but also strengthen consumer confidence in their products.
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