1. Reasons for Amendment

This Amendment strengthens the current nutritional content standards for foods with functional claims to ensure the wholesome development of the industry of foods with functional claims and prevent consumer harm caused by indiscriminate use of functionality claims. It also clarifies labeling/advertising standards, by prescribing that the fact that a product contains functional ingredients or components shall be indicated in the same font size, clearly prescribes grounds to apply separate standards on the nutritional content of foods, etc. containing functional ingredients that have been recognized in accordance with Article 10 (1) of the Regulations on the Recognition of Functional Ingredients, Standards, and Specifications of  Health Functional Foods, and otherwise addresses and improves upon weaknesses that have emerged from the operation of the current system.

2. Major Provisions

A. Clarify labeling/advertising standards, by prescribing that the fact that a product contains functional ingredients or components shall be indicated int the same font size (Article 6 (1))

1) Foods with functional claims indicate, on the main surface of the label, the fact that they contain functional ingredients or components, etc. (a statement to the effect that the food, etc. contains functional ingredients or components that are known or have been reported to be capable of assisting with functionality) and that they are not health functional foods, but using a larger font size or otherwise emphasizing certain words can result in misunderstanding/confusion among consumers.

2) Clarify labeling standards to require all information to be indicated on the main surface of a label to be in the same font size to prevent misunderstanding/confusion with health functional foods.

B. Strengthen nutritional content standards for foods with functional claims (subparagraphs 1 (c) and 2 (a) of attached Table 1)

1) In keeping with the intent of the system for foods with functional claims, it is necessary to prevent consumer harm caused by the indiscriminate use of functional claims by restricting functional claims on foods that have no nutritional value.

2) A food, etc. may have functional claims or advertising when at least 1 of the 9 vitamins and minerals known to be deficient in Koreans is derived from the ingredients (excluding food additives) and meets the “content or source requirements” for emphasized nutritional content claims in the Standards on the Labeling of Food, etc.

3) Restrict the use of sweeteners when a product claims or advertises functionality that is subject to “low sugar” standards in the separate nutritional standards (excluding functionality that may assist with antibacterial action in the oral cavity).

C. Clarify grounds to apply separate standards on nutritional content for food, etc. that uses functional ingredients that are separately recognized (subparagraph 2 (b) of attached Table 1)

1) Address weaknesses, such as by clarifying applicable provisions concerning the operation of separate standards on nutritional content in consideration of the characteristics of each functional ingredient or component.