Rules for advertising, health and environmental claims by jurisdiction

• Objective advertising claims

  Jurisdiction

  United States

  Rule

  Reasonable basis required before the claim is disseminated ¹

  Enforcer

  Federal Trade Commission ¹

• Express claims of proof

  Jurisdiction

  United States

  Rule

  At least the level of substantiation the advert states ¹

  Enforcer

  Federal Trade Commission ¹

• General environmental benefit claims

  Jurisdiction

  United States

  Rule

  Marketers should not make unqualified general environmental benefit claims ²

  Enforcer

  Federal Trade Commission, non-binding guides ²

• Environmental claims evidence

  Jurisdiction

  United States

  Rule

  Competent and reliable scientific evidence such as tests, analyses, research or studies ². Guides last revised in 2012 ³

  Enforcer

  Federal Trade Commission ³

• Objective advertising claims

  Jurisdiction

  United Kingdom

  Rule

  Documentary evidence for claims consumers are likely to regard as objective, CAP Code rule 3.7 ⁴

  Enforcer

  Advertising Standards Authority ⁴

• Performance claims

  Jurisdiction

  United Kingdom

  Rule

  No exaggeration of the capability or performance of a product, CAP Code rule 3.11 ⁴

  Enforcer

  Advertising Standards Authority ⁴

• Environmental claims

  Jurisdiction

  United Kingdom

  Rule

  Six principles including truthful, clear, full life cycle and substantiated ⁵

  Enforcer

  Competition and Markets Authority and Trading Standards ⁵

• Consumer protection law breaches

  Jurisdiction

  United Kingdom

  Rule

  CMA can decide infringements and fine up to 10% of global turnover ⁶

  Enforcer

  Competition and Markets Authority ⁶

• Generic environmental claims

  Jurisdiction

  European Union

  Rule

  Banned where the trader cannot demonstrate the claim, from 27 September 2026 ⁷

  Enforcer

  Member state authorities under national law ⁷

• Sustainability labels

  Jurisdiction

  European Union

  Rule

  Banned if not based on a certification scheme or set up by public authorities ⁷

  Enforcer

  Member state authorities under national law ⁷

• Offset-based neutral claims

  Jurisdiction

  European Union

  Rule

  Banned to claim a neutral, reduced or positive impact based on offsetting greenhouse gas emissions ⁷

  Enforcer

  Member state authorities under national law ⁷

• Health claims on food

  Jurisdiction

  European Union

  Rule

  Prohibited except where authorised and listed, and based on accepted scientific data ⁸

  Enforcer

  Commission and member states decide, EFSA assesses ¹⁰

• Weight loss claims on food

  Jurisdiction

  European Union

  Rule

  Health claims referring to the rate or amount of weight loss not allowed ⁸

  Enforcer

  Member state authorities ⁸

• Function health claims

  Jurisdiction

  European Union

  Rule

  Only claims on the list in Regulation 432/2012, under its conditions of use, applying from 14 December 2012 ⁹

  Enforcer

  Member state authorities ⁹

• Claims about the future

  Jurisdiction

  Australia

  Rule

  Reasonable grounds needed at the time the claim is made ¹¹

  Enforcer

  ACCC ¹¹

• Environmental claims

  Jurisdiction

  Australia

  Rule

  Must be truthful and accurate. Eight ACCC principles including evidence and no broad unqualified claims ¹²

  Enforcer

  ACCC ¹²

• All advertising claims

  Jurisdiction

  Canada

  Rule

  Supported by competent and reliable evidence, disclosed to Ad Standards on request ¹³

  Enforcer

  Standards Council or le Conseil des normes ¹³

• Claims about ascertainable fact

  Jurisdiction

  India

  Rule

  Should be capable of substantiation, produced when ASCI calls for it ¹⁴

  Enforcer

  Advertising Standards Council of India ¹⁴

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