Canada

Can a company make health claims about a food product without scientific proof?

False claims ba
s. 5 prohibition
Misleading ads
s. 16 violation
R.S.C., 1985, c
Governing statute
Health Canada a
Required for authorized claims
The Short Answer

No. Under Canadian law, a company cannot make health claims about a food product without scientific proof — doing so violates the Food and Drugs Act’s prohibitions against false, misleading, or deceptive labelling and advertising.

What the Law Says

Canadian law strictly prohibits companies from making unsupported health claims about food products. Both labelling and advertising are regulated to protect consumers from deception.

The Food and Drugs Act is Canada’s main federal law governing food safety and labelling. It applies to all food sold in Canada — including imported products.

Section 5 makes it illegal to label, package, treat, process, sell, or advertise food in a way that is false, misleading, or deceptive. This includes health claims that suggest a food prevents, treats, or cures disease — unless backed by rigorous scientific evidence.

Section 16 reinforces this by specifically prohibiting the advertising of food (or drugs, cosmetics, or devices) in a false, misleading, or deceptive manner. Health claims made in ads — whether online, on TV, or on packaging — fall squarely under this rule.

Health Canada maintains a list of permitted health claims. To use one, manufacturers must meet strict criteria, including having scientific evidence from human clinical studies. Unauthorized claims — even if technically plausible — risk enforcement action.

Statutory Text

No person shall label, package, treat, process, sell or advertise food in a manner that is false, misleading or deceptive.

Food and Drugs Act, s. 5 — Deception regarding food
Statutory Text

Prohibits advertising food, drug, cosmetic or device in a manner that is false, misleading or deceptive.

Food and Drugs Act, s. 16 — Advertising contraventions

What to Do

1

Review Health Canada’s List of Permitted Health Claims before developing any claim.

2

Ensure all claims are supported by high-quality, peer-reviewed scientific evidence — typically human clinical trials.

3

Submit novel claims to Health Canada for pre-market authorization if not already on the permitted list.

4

Consult the Canadian Food Inspection Agency (CFIA) guidelines on labelling and advertising compliance.

5

Remove or revise any claim immediately if challenged by CFIA or Health Canada.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.