I'm having difficulty interpreting the nutrient content claims for sugar, specifically as they apply to individually pre-packaged frozen desserts. We produce ice pops that have 50% less sugar than any other ice cream pop to which I've made the comparison, but only when I make that comparison based on 100ml, not based on serving size.
For reference, our pops are 108ml in size and most others range from 55-90ml.
My question: can I make this ml to ml comparison to support our claim (for example, 50% less sugar than leading ice cream bar brands per 100ml), or can claims only be made in this case by comparing the individual units, despite the difference in size?
A per 100g comparison is indicated in the table below from Health Canada (see row 39), but the description indicates "if the food is a prepackaged meal"....and we are most definitely not making meals. Any insight is welcome!
Carol, in addition to the claim Nuala should have a qualifier as to what she is comparing? In addition her common name cannot simply be protein pops as it seems her product is a cheese pop, not a protein pop? Without first properly identifying her product appropriately by CFIA standards there is a gap in the comparison. She must also be careful with comparison of which pops that are either 'ice cream' vs 'frozen dessert' as these two categories are too broad in varieties?
Fromage Protein Pops is the brand name (not the type of product). We'll have on the front of the package that this is a frozen dessert. From the nutrition labelling guidelines table I shared, "Ice cream, ice milk, frozen yogurt, sherbet, other frozen dairy and non-dairy desserts sold as pops, bars or cups" are grouped together into one category to serve as the basis for comparison. Our pops fit within this category.
There is a percentage threshold for certain ingredients in order to qualify as a frozen dessert, CANNOT contain
(b) must not contain more than
(i) 100,000 bacteria per gram; and
(ii) 10 coliform organisms per gram.
Without seeing your ingredients and their respective percentages, I suspect your product would be more accurately defined as 'Frozen Cheese Pops'. Similar just like Frozen Yogurt Pops. Which brings me back to the original point that your product may fall out of the range of Frozen Dessert category and therefore unable to compare to that category etc.
Frozen yogurt is included in the product category in the table I referenced previously. The category specifies "Ice cream, ice milk, frozen yogurt, sherbet, other frozen dairy and non-dairy desserts sold as pops, bars or cups". I don't see why our product wouldn't fit under "other frozen dairy desserts". I note that on the packaging for President's Choice frozen yogurt bars, these products are listed as "frozen dairy dessert", which falls in this category. Our product contains cottage cheese, but collectively, both milk and cream are present in a higher percentage.
Thank you, Carol! To ensure I understand correctly, does this mean that even though serving sizes for individual units are not equal (pops I've found range from about 60ml up to 100ml), the comparison can be made based on the 75ml reference amount you mentioned?
Hello Nuala, Yes, the comparison for all nutrient content claims must be made using the RA (Reference Amount) as the common denominator. In this case, the common denominator is set at 70 mL for this product category. The purpose for the use of the RA is to factor in a level playing field, despite differing serving sizes between/among the foods in the comparison. Ideally, if Health Canada would have their way, all packaged foods would have a serving size equal to the published RA. But that is not the reality, for various reasons, often production constraints. Accordingly, manufacturers must strive to develop a serving size that approximates, as much as possible, the RA. The use of the RA removes disparities which accrue only to differences in serving sizes.
Hello Nuala, As you have indicated, the requirement for a "lower in sugar" claim, is 25% less than the comparative food, based on the Reference Amount. The amount of food used to make the comparison, is the Reference Amount for the category of the subject food. At this link, scroll down to E.3, where you will see, in Column 1, a description that matches the food in question, and in Column 2, the Reference Amount (RA), of 75 mL: Nutrition labelling - Table of reference amounts for food - Canada.ca
Apply this amount to your calculations. Further, at the top of that document, you will see that one of the purposes of Reference Amounts is "serve as part of the criteria for making nutrient content claims and health claims". The type of claim you have under consideration is a comparative nutrient content claim.
Your serving size is what requires comparison when you compare to another similar product.
You also have to be careful how you define your common name, these might not be protein pops, I do not believe that is a proper 'common name'. You have to define your product with an accurate common name in order to make a comparison claim.
Your website has a broad statement of 60% 'less than' claim; your lowest range is what must appear for the broad claim on the website.
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Thanks for posting your question. It's clear that you're putting a lot of thought into your product claims, which is great to see!
Questions like this typically fall under the domain of food labeling regulations and legal advice, which are best addressed by professionals who specialize in this area. I would recommend reaching out to a regulatory expert or a food law consultant who can provide you with specific guidance tailored to your situation. They'll be able to interpret the regulations for you and ensure your claims are accurate and compliant.