Who Controls Nutrition and Health Claims in Australia?

January 13, 2026 •

3 min read

According to the Food Standards Australia New Zealand (FSANZ), a comprehensive Food Standards Code exists to regulate claims, but multiple bodies share responsibility for enforcing nutrition and health claims in Australia, creating a multi-layered oversight system. This ensures consumer protection and truthful advertising in the food industry.

Quick Summary

Regulation of nutrition and health claims in Australia involves the bi-national FSANZ setting standards, the ACCC enforcing consumer law, and state and territory agencies overseeing local compliance.

Key Points

FSANZ Sets Standards: Food Standards Australia New Zealand (FSANZ) develops and administers the Food Standards Code, which contains specific rules for nutrition and health claims.
ACCC Enforces Consumer Law: The Australian Competition and Consumer Commission (ACCC) addresses false, misleading, and deceptive conduct in food advertising and labeling under the Australian Consumer Law.
State/Territory Agencies Enforce Locally: State and territory government agencies are primarily responsible for monitoring and enforcing compliance with the Food Standards Code within their jurisdictions.
Claim Types Vary by Regulation: Standard 1.2.7 differentiates between nutrition content claims, general level health claims, and high level health claims, each with distinct substantiation requirements.
Claims Require Substantiation: All health claims must be supported by sound scientific evidence, with high-level claims requiring pre-approval from FSANZ.
TGA Regulates Therapeutic Goods: The Therapeutic Goods Administration (TGA) regulates products classified as medicines or therapeutic goods, clearly differentiating them from foods regulated by FSANZ.

The Foundation: Food Standards Australia New Zealand (FSANZ)

Food Standards Australia New Zealand (FSANZ) is the primary body responsible for setting and administering the Food Standards Code for Australia and New Zealand. This code is the core legal document that governs the use of nutrition, health, and related claims on food labels and in advertising. The purpose of the regulations is to ensure that all claims made about food are truthful and scientifically substantiated, thereby protecting consumers from misleading or deceptive representations. FSANZ develops the regulations and, for some claims, provides pre-approval based on scientific evidence.

The Enforcement Arm: ACCC and State Agencies

While FSANZ creates the standards, it is not the sole enforcer. The actual implementation and enforcement of the Food Standards Code in Australia are carried out by a combination of federal and state-level bodies. The Australian Competition and Consumer Commission (ACCC) plays a crucial role in preventing misleading and deceptive conduct under the broader Australian Consumer Law (ACL). The ACCC can take enforcement action against companies that breach consumer law, as was the case with H.J. Heinz over a misleading health claim. Day-to-day monitoring and compliance checks are managed by designated state and territory government agencies.

Understanding Standard 1.2.7

Standard 1.2.7 of the Food Standards Code outlines the requirements for nutrition and health claims. These are categorized into three main types:

Nutrition Content Claims: Claims about the amount of a nutrient or substance in a food (e.g., "low in fat"). These must meet specific criteria.
General Level Health Claims: Link a food or substance to a general health effect (e.g., "calcium is good for strong bones"). Manufacturers can use pre-approved relationships or self-substantiate claims with scientific evidence, notifying FSANZ.
High Level Health Claims: Link a food or substance to a serious disease or its biomarker (e.g., "Diets high in calcium may reduce the risk of osteoporosis"). These require pre-market assessment and approval by FSANZ.

Foods with health claims must also meet the Nutrient Profiling Scoring Criterion (NPSC) to ensure overall nutritional quality.

The Food-Medicine Interface: FSANZ vs. TGA

Determining whether a product is a food or a medicine adds another layer to regulation. The Therapeutic Goods Administration (TGA) regulates therapeutic goods like medicines. A product cannot be both a food and a medicine. The TGA uses the Therapeutic Goods Act 1989 for classification, which can be complex depending on claims and presentation. For example, a blueberry extract capsule is more likely a medicine than whole blueberries. Claims and presentation dictate whether FSANZ (foods) or TGA (medicines) regulates the product.

The Enforcement Process in Practice

Enforcement involves several bodies:

Complaint Submission: Concerns can be reported to state/territory health agencies or the ACCC.
Investigation: Agencies investigate, possibly requesting substantiation from manufacturers.
Resolution: Outcomes can range from communication with the business to warnings or court action.
ACCC Action: The ACCC can take strong action against misleading conduct, including court proceedings and penalties.

Comparing Regulatory Bodies: FSANZ vs. ACCC


Feature	Food Standards Australia New Zealand (FSANZ)	Australian Competition and Consumer Commission (ACCC)
Primary Role	Sets food standards, including those for nutrition and health claims.	Enforces consumer protection laws against misleading conduct.
Key Regulation	Australia New Zealand Food Standards Code, Standard 1.2.7.	Australian Consumer Law (ACL).
Specific Focus	Determines permitted claims and conditions.	Acts when claims are misleading, regardless of specific food standards.
Enforcement	Develops standards enforced by state agencies, assesses high-level claims.	Investigates and takes legal action against ACL breaches.
Example Action	Pre-approves high-level claims and lists general-level claims.	Took H.J. Heinz to court for misleading claims.

Conclusion

Nutrition and health claims in Australia are controlled through a multi-agency system involving FSANZ, the ACCC, and state/territory agencies. FSANZ establishes the Food Standards Code, while state authorities enforce compliance. The ACCC enforces the Australian Consumer Law, addressing misleading conduct. This layered framework ensures accountability and protects consumers from deceptive marketing. For more details, consult FSANZ's official guidance.

Frequently Asked Questions

Standard 1.2.7 is part of the Australia New Zealand Food Standards Code and sets out the specific requirements for making voluntary nutrition content and health claims on food products, covering various claim types and their conditions.

The Australian Competition and Consumer Commission (ACCC) investigates misleading or deceptive claims under the Australian Consumer Law, while state and territory food enforcement agencies also investigate non-compliance with the Food Standards Code.

A general level health claim links a food to a health function (e.g., 'calcium is good for bones'), whereas a high level health claim links a food to a serious disease or a biomarker of a serious disease (e.g., 'calcium may reduce osteoporosis risk'). High level claims require pre-approval from FSANZ.

No, foods must meet the Nutrient Profiling Scoring Criterion (NPSC) to be eligible to carry a health claim, which is a system that assesses the food's overall nutritional quality.

The Therapeutic Goods Administration (TGA) uses the Therapeutic Goods Act to determine if a product is a therapeutic good or a food. The classification depends on ingredients, claims, and representation, as a product cannot legally be both.

Designated state and territory government agencies are responsible for enforcing the Food Standards Code, including regulations related to claims, within their respective jurisdictions.

A company making a false nutrition claim can face enforcement action from the ACCC under the Australian Consumer Law, including penalties and court-enforceable undertakings. The state-level food authorities can also take action for breaches of the Food Standards Code.