1. Scope

The Regulations shall apply to all advertisements of food products, manufactured, imported

distributed, sold or used in Nigeria.

2. Prohibition

(1) No person shall advertise any food product unless it has been registered by the Agency.

(2) No person shall advertise any food product unless it has been approved by the Agency.

(3) No person shall advertise any Breast Milk Substitute and Infant and Young children food. Any

descriptive matter appearing on or attached to or supplied with the package shall not include any

information on the promotion or advertisement of another product.

(4) No person shall-

(a) Display, screen or otherwise present an advertisement of a food product unless in accordance

with the provisions of these Regulations; or

(b) Make any claim to assert, imply or otherwise convey the impression as to the suitability of the

food product for use in the prevention, alleviation, management, treatment or cure of a disease,

disorder or physiological condition; or

(c) Make a claim that the food product contains a particular value when that value is not wholly

contributed by the food product, but is partially contributed by other food products with which

it may be consumed.

(d) Describe a food product as “healthy” or represent it in a manner that implies that a food in

itself will impact health.

(e) Make health claims that encourage or condone excessive consumption of any food or disparage

good dietary practice.

(5) All nutritional claims shall comply with the Agency’s Pre-packaged Food (Labeling) Regulation

2019.

…

17. Claims

(7) Nutrition claims in food product advertisements shall be allowed provided such claims can be adequately substantiated.

…

18. Energy intake in food product

(1) A food advertisement may state;

(a) That the food product is a “source” or “dietary source” of energy if a Nutrient Reference Value (NRV) of that food product by a person would result in the daily intake of not less than 450 kilo calories of energy;

(b) That the food product is a “good source” or “good dietary source” of energy if a reasonable daily intake of that food product by a person would result in the daily intake of not less than 1,200 kilo calories of energy;

(c) That the food product is an “excellent source” or “an excellent dietary source” of energy if a NRV of that food product by a person would result in the daily intake of not less than 2,500 kilo calories of energy;

(2) No person shall sell a food product for which an energy claim is made and represented as being solely for use in the feeding of children under two years of age, unless a reasonable daily intake of that food product by a child under two years of age would result in the total daily intake of not less than 1,360 kilo calories of energy.

…

20. Use of the term “nutritious” in advertisement No advertisement which describes any food shall include the word “nutritious” or any other words of the same significance unless―

(1) the food contains a range of nutrients including carbohydrate, fat, protein, vitamin and mineral;

(2) the food contains a substantial amount of energy of more than 40 kcal/ 100 g or 20 kcal /100 ml;

(3) the food contains source of protein not less than 5 g/100 g or 2.5g /100ml;

(4) the food contains at least four vitamins of an amount that meets the criteria for claim as source and two minerals (excluding sodium) of an amount that meets the criteria for claim as source; and the amount of the nutrients mentioned in sub-regulations (1) and (4) is declared.

21. Advertisement aimed at children

(1) No advertisement for food that is directed at children shall-

(a) exploit illustrations that might result in their physical, emotional or moral harm;

(b) try to sell by appealing to emotions such as pity, fear, loyalty or self-confidence; exploit children’s natural tendency to play by advertising food accompanied by games or toys; or actively encourage children to undermine parental authority, including guiding diet and lifestyle choices.

(c) portray images or events which depict unsafe uses of a product or

(d) condone unsafe situations which may encourage children to engage in activities which may endanger them physically, emotionally or morally and/or

(e) create an unrealistic impression in the minds of children or their parents or caregivers about safety.

(f) condone or encourage the consumption of food items that are detrimental to children’s health.

(g) require a purchase to participate in a promotion or include a direct exhortation to make a purchase to participate in a promotion.

(h) feature ingredients or premiums unless they are an integral element of the food item being sold.

22. Protein intake in food product

(1) A food advertisement may state;

(a) That the food is “a source” or “a dietary source” of protein if a NRV of that food product by a person would result in not less than 9 grams of protein;

(b) That the food is “a good source” or “a good dietary source” of protein if NRV of that food product by a person would result not less than 24 grams of protein;

(c) That the food is “an excellent source” or “an excellent dietary source” of protein if NRV of that food product by a person would result in not less than 45 grams of protein;