2017.3.16
Tiffany Wu
The Ministry of Health and Welfare promulgated the provisions of Item 1 and Schedule 2 under Item 2 of the Criteria for Determining If the Labeling, Promotion or Advertising Expressions of Food Products Involve Exaggerative or Misleading Elements or Medical Treatment Efficacy (hereinafter, the “Criteria”) by way of the Wei-Shou-Shi-1061200468 Directive of March 16, 2017, and the Criteria came into effect on the day of their promulgation.
Item 4, as amended, of the Criteria specifically provides that the use of the following expressions shall be deemed “not” to involve exaggerative or misleading elements or medical treatment efficacy, including the usually permissible sample expressions under Category I and the sample expressions concerning physiological functions which may be used for general nutrients under Category II.
First, sample expressions under Category I include: “facilitate the normal growth of teeth and bones,” “facilitate digestion,” “help maintain the functions of digestive tracts,” “change the ecology of bacterial flora,” “promote smooth defecation,” “adjust physical constitution,” “regulate physiological functions,” “nourish the body,” “enhance physical strength,” “promote vigor,” “provide skin care and maintain beauty,” “help fall asleep,” “provide nutritional supplements,” “maintain health,” “promote youthfulness and beauty,” “provide prenatal, postnatal or post-illness nourishment,” “promote metabolism,” “alleviate thirst,” “quench thirst,” “whet appetite,” “stimulate appetite,” “quench fire” “reduce the temper,” “improve breath,” “increase salivation,” “smooth your throat,” and “the Compendium of Materia Medica indicates that plums smell sweet and sour, increase salivation and quench thirst” (without mentioning medical treatment efficacy.)
As for sample expressions concerning physiological functions which may be used for general nutrients under Category II, they specifically depict physiological functions of nutrients, such as: “dietary fiber can promote intestinal peristalsis,” “vitamin A helps maintain vision in the dark,” and “vitamin D promotes calcium absorption.” In particular, for other nutrients: (1) “protein is the main constituent substance of human cells, tissues and organs,” “helps tissue repair,” “is one of the sources of muscle synthesis,” and “may be used for tissue growth; and (2) “dietary fiber helps promote intestinal peristalsis,” “increases satiety,” “softens fecal matter and improves defecation,” “quantity of fecal matter may increase if proper quantity of dietary fiber is contained in the diet,” etc.