Health claims in advertising: rules don't stop at the label

Brand trust when money’s tight: consistency only works if your claims stack up

Right now, shoppers are switching supermarkets based on whoever’s cheapest that week. Consumer confidence is down, the cost of living is biting, and people are dropping brands they’ve bought for years the moment a competitor looks like better value.

So how do some brands hold on when everyone else is fighting on price?

A recent retail article made a sharp point about this. The brands winning in this climate aren’t the ones shouting the loudest discount. They’re the ones with a consistent promise, the same message, everywhere a customer sees them.

What that analysis doesn’t cover is what happens when the promise is a health claim.

 

Consistency is doing the heavy lifting

Think Aldi’s “Good Different”. Kmart’s “Low Prices for Life”. Those lines haven’t changed in years, and that’s the whole point.

When money’s tight, people don’t want to reassess every purchase. They want to know what they’re getting before they pick it up. A promise that stays the same across the pack, the shelf ticket, the website and the ad becomes a shortcut. It saves the shopper the work of deciding.

That’s what trust actually is at the checkout. Predictability under pressure.

 

Small brands can’t win a race to the bottom

If you’re a start-up food brand sitting next to a home brand version of your own product, price is a fight you will lose. You don’t have the volume, the buying power or the margin to absorb it.

What you do have is the ability to be consistent and credible. The same promise on your pack, your website, your socials, your retailer listing and your wholesale one-pager.

That’s the strategy. Here’s the catch most founders miss.

 

A repeated claim is a claim made many times

Consistency only builds trust if you can actually back it up. And if your promise is built on a health benefit or a quality attribute, that claim has to be true and substantiated everywhere you make it.

This is where the strategy quietly becomes a compliance problem. Because the moment you commit to saying the same thing everywhere, one unsubstantiated line stops being a packaging error and becomes a pattern across every channel you own.

 

The Code follows your claim off the pack

Plenty of founders assume the Food Standards Code stops at the label. It doesn’t. Standard 1.2.7 sets the rules for nutrition content claims and health claims made on labels and in advertising, and advertising is broad. Your website. Your Instagram caption. Your retailer product page. Your sell sheet.

A health claim has to be built on one of the more than 200 pre-approved food–health relationships already in the Code, or on a relationship you have self-substantiated yourself using the systematic review method the Code sets out, and then notified to FSANZ.

Before any of that, the food itself has to meet the Nutrient Profiling Scoring Criterion. If it doesn’t score well enough, no health claim is available to you at all, no matter how good the science behind the ingredient is.

And a claim doesn’t have to touch the Code to land you in trouble. Australian Consumer Law applies to every representation you make about your product, including the ones about quality, origin and provenance. The ACCC does not need a labelling breach to act on a misleading one.

 

Where this goes wrong in practice

The most common version I see is a founder writing “supports gut health” into a launch caption because it sounds soft enough to be safe.

It isn’t a pre-approved claim. The pre-approved relationship for dietary fibre is about contributing to regular laxation, and the wording matters. Once that gut health line is written, it goes into the caption, then the website, then the pack, then the pitch deck, because consistency is the strategy.

One line, repeated across every channel, with nothing behind it.

That is the same consistency the winning brands are using, pointed in the wrong direction.

 

Get it right before you scale it

The fastest way to break trust with a shopper isn’t being more expensive than the brand next to you. It’s making a claim you can’t stand behind, and having a retailer, a regulator or a competitor pull the thread.

Substantiate it first. Word it second. Then say it everywhere.

 

Not sure whether the claims you’re already making across your pack and your marketing would hold up if someone asked you to prove them? Most food brands don’t find out there’s a problem until packaging is printed or a retailer flags it. We’ve put together a free guide breaking down the six biggest mistakes food brands make with labelling and health claims, and how to avoid them before they become expensive problems. Download the free guide here: https://learn.nprconsulting.com.au/labelling-health-claims

Jasmine Solomou

BNutrSc Graduate, Deakin University
NPR Consulting