Health-focused marketing has become a powerful differentiator in the food and beverage sector. From ‘gut-friendly’ snacks to ‘immune-support’ drinks, consumers are being drawn increasingly to products that promise digestive benefits, immune support or improved wellbeing.
However, as regulatory scrutiny intensifies, the boundary between persuasive marketing and misleading claims is shifting, and businesses that overstep it may face both reputational and regulatory consequences.
This article explores how the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) helps regulate health claims in this sector, highlights recent Advertising Standards Authority (ASA) enforcement examples, and identifies practical steps to reduce regulatory risk.
The legal framework: more than a guideline
In the UK, health and nutrition claims are regulated in large part by Regulation (EC) No. 1924/2006 on nutrition and health claims which is retained in UK law post‑Brexit and implemented through the Great Britain Nutrition and Health Claims (NHC) Register (the GB NHC Register). The legal framework is reinforced by Section 15 of the CAP Code, which governs advertising of food, food supplements and associated health or nutrition claims.
The core principles for health-related advertising are clear: health claims must be authorised, accurate and substantiated.
In practice, this means that:
- Only authorised health claims listed on the GB NHC Register may be used
- Claims suggesting that a food can prevent, treat or cure disease are prohibited
- General wellbeing claims may only be used if supported by a relevant, authorised specific claim
Crucially, compliance is assessed not just on what is said, but against what consumers are likely to understand from the overall presentation of the advert.
Beyond the obvious: what counts as a health claim?
In practice, a ‘health claim’ is interpreted widely, capturing any statement that refers to or implies a relationship between a food or ingredient and health.
This can capture:
- Vague phrasing such as ‘supports wellbeing’
- Ingredient-led messaging that implies health benefits.
- Imagery or branding that creates a ‘health halo’ (i.e. creating a perception that a product is healthy overall based on one positive feature – for example, ‘high protein’ making a snack high in sugar and fat seem healthy)
- Contextual comparisons suggesting a product is a ‘better’ or ‘cleaner’ choice
The effect is that even carefully worded campaigns may fall within the scope of the rules where consumers are likely to interpret them as making health-related promises.
The key risk: impression over intention
A consistent theme across ASA decisions is that compliance is judged on consumer perception - not advertiser intent. Even technically accurate statements may breach the CAP Code if they:
- Exaggerate the significance of a health benefit
- Omit context, creating a misleading overall impression
- Highlight positive attributes while downplaying less favourable characteristics (e.g. sugar or salt content)
This health halo effect is particularly relevant in the food sector, where consumers may infer overall healthiness from a single feature such as ‘high protein’ or ‘low fat’.
Recent ASA enforcement reinforces this approach. Last year, Trip Drink Ltd (July 2025) was told off by the ASA for using phrases such as “crafted for calm” and “promote feelings of calm” to describe a magnesium-infused beverage.
While the language was generally informal and wellness-focused, the ASA concluded that the claims implied health benefits from consuming the product. As such, they were treated as health claims, leaving Trip Drink Ltd in breach of the CAP Code because the claims were not authorised on the GB NHC Register.
Practical takeaways for businesses
Given the breadth of the rules and the ASA’s increasingly proactive enforcement (including using AI-led monitoring to identify non-compliant advertising) businesses should approach health-related messaging with caution. In particular:
- Verify claims against the GB NHC Register before use
- Avoid generalised claims unless paired with a specific, compliant statement
- Assess creative elements: imagery, tone and context can all create implied claims
- Be careful with comparisons that suggest superiority on health grounds
The regulatory environment continues to evolve, with additional restrictions on advertising less healthy food products which came into effect earlier this year.
Against this backdrop, businesses should view compliance not as a technical exercise, but as a key aspect of maintaining consumer trust.
A clear message
Health claims remain a highly effective marketing tool. However, they also represent a significant compliance risk when messaging is not carefully controlled. As recent ASA rulings demonstrate, both explicit and implied claims are firmly within the scope of the CAP Code.
For food and beverage brands, the message is clear: if a claim appears too good to be true, regulators are increasingly likely to take the same view.
About the author
Samantha Woodley is the senior associate in the commercial, technology and IP team at Birketts LLP.
