The use of health claims on food products is regulated by the Nutrition Labeling Education Act of 1990.
Health claims describe the relationship between a specific nutrient and a disease or condition. In order to appear on the food or dietary supplement label, health claims must be evaluated and preapproved by the FDA based on “significant scientific agreement.” Few such health claims have been authorized by the FDA.
While a dietary supplement can never be claimed to “diagnose, prevent, mitigate, treat, or cure” a specific disease, the DSHEA allows use of specified statements on the labels of dietary supplements. These statements, known as structure-function claims, may describe how the product affects the structure or function of the body or the overall well-being of the consumer. Before making such statements on a label, however, manufacturers of dietary supplements must prove that the nutritional support statement is truthful and not misleading, and they must notify the FDA within 30 days of making the statement. When a nutritional support statement appears, the label must also state, “This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”