Trademarks That Make Health and Nutrition Claims Under U.S. and EU Food-Labeling Regulations

Insights: Publications Trademarks That Make Health and Nutrition Claims Under U.S. and EU Food-Labeling Regulations

INTA Bulletin Vol. 68, No. 6

March 15, 2013

Written by Michael W. Rafter

As indicators of source, all trademarks convey some meaning. But certain trademarks convey even more, suggesting something about the quality or nature of the goods or services that bear them. These marks make claims that, if not true, may mislead consumers. Thus, like all advertisements, these marks face scrutiny as to whether the claims that they make are factually substantiated. In both the United States and the European Union, governments regulate health and nutrition claims made in food labels and within trademarks themselves.