Modification to the Table of Permitted Nutrient Content Statements and Claims (free of sugars)
Notice of Modification - Nutrition Labelling – Table of Permitted Nutrient Content Statements and Claims
Reference Number: M-ANC-25-01
September 2, 2025
Summary
The purpose of this notice is to publicly announce Health Canada's decision to exempt chewing gum from the energy conditions set out in item 37 paragraph (b) of the "free of sugars" claim. The modification took effect on September 2, 2025, the day on which the Table of Permitted Nutrient Content Statements and Claims was modified.
Background
The document Nutrition Labelling – Table of Permitted Nutrient Content Statements and Claims (henceforth referred to as the "Table") sets out the conditions for making nutrient content statements and claims that are permitted on foods for sale in Canada. Nutrient content statements and claims describe the level of a nutrient or energy in foods.
When the original table following section B.01.513 was incorporated by reference in the Food and Drugs Regulations, modifications were made to the conditions for making certain nutrient content claims, and a "low in sugars" claim was added. The Notice of Proposal: Incorporating by Reference the "Nutrition Labelling – Table of Permitted Nutrient Content Statements and Claims" published by Health Canada in February 2018, provided a detailed overview of these changes, which were finalized in the corresponding Notice of Modification: Incorporating by reference the "Nutrition labelling – Table of Permitted Nutrient Content Statements and Claims", published in July 2022. These should be read in conjunction with the Regulations Amending the Food and Drug Regulations (Nutrition Symbols, Other Labelling Provisions, Partially Hydrogenated Oils and Vitamin D) published in Part II of the Canada Gazette (July 2022).
Issue
The updated regulations included modifications to the energy requirements of the "free of sugars" claim (item 37 of the table following section B.01.513). These changes, which were intended to make the energy requirements less restrictive, unintentionally affected chewing gums. As a result, chewing gums that were previously exempt from these requirements may no longer be in compliance with the regulations after the transition period ends on December 31, 2025.
The updates to item 37 included:
- In column 2, paragraph (b), a food may now meet the energy conditions set for a "low in energy" claim (column 2 of item 2) instead of the conditions for a "free of energy" claim (column 2 of item 1);
- "with the exception of chewing gum," was removed from column 2, paragraph (b); and
- the claims "0 g sugar", "zero g sugar","0 gram sugar" or "zero gram sugar" were added to column 4.
Health Canada's Food and Nutrition Directorate revised the conditions for the "free of sugars" claim so foods can now meet the criteria for the "low in energy" claim (that is, 40 calories or less), rather than the criteria for the "free of energy" claim (less than 5 calories). This change was intended to allow products with low-calorie sweeteners to use the "free of sugars" claim. However, the conditions for use of the "low in energy" claim also include a density criterion, where energy is calculated based on 50 g for foods with a reference amount of 30 g or 30 mL or less.
Chewing gum has a reference amount of 3 g. Although, for example, two pieces of a chewing gum (2.8 g) may provide 5 calories, due to the density criterion, chewing gum is subject to the above calculation. Therefore, 50 g of the same chewing gum would provide 90 calories, exceeding the 40-calorie threshold set for the "low in energy" claim. As a result, the removal of the chewing gum exemption from paragraph (b) inadvertently made it ineligible for the "free of sugars" claim.
Rationale
It was not Health Canada's intent to restrict chewing gums from making a "free of sugars" claims. This is evident in both the Notice of Proposal (February 10, 2018) and the Notice of Modification (July 20, 2022), neither of which mention the removal of the chewing gum exemption from item 37 of the Table.
To rectify this oversight, Health Canada has reinstated the chewing gum exemption in item 37, column 2, paragraph (b), for the "free of sugars" claim in the Table.
Consultation
Health Canada published the Notice of Proposal to modify the Table of Permitted Nutrient Content Statements and Claims (free of sugars) on January 17, 2025 (reference number: P-ANC-25-01) to communicate its intent to reinstate the chewing gum exemption in item 37, column 2, paragraph (b), for the "free of sugars" claim in the Table. The proposal was open for comments for 75 days.
Summary of stakeholder comments and Health Canada's response
A total of seven comments were received in response to the Notice of Proposal submitted by representatives from industry, a health care practitioner, a government department, and a member of the public. Of these, the majority of stakeholders expressed support for the proposal. The remaining comments were out of scope and/or did not pertain to the proposed modification to the Table.
No new information was submitted to Health Canada as a result of the Notice of Proposal that would warrant revisions to the proposal. As such, Health Canada has proceeded with reinstating the chewing gum exception as originally described in the publication.
Modification to the Table of Permitted Nutrient Content Statements and Claims
Health Canada has exempted chewing gums from the energy requirements in item 37, column 2, paragraph (b) for the "free of sugars" claim through the reinstatement of the phrase "with the exception of chewing gum" into the Table of Permitted Nutrient Content Statements and Claims. This modification is shown in the table below (in bold font in this notice to illustrate the change).
| Item | Column 1 Subject |
Column 2 Conditions - Food |
Column 3 Conditions - Label or Advertisement |
Column 4 Statement or Claim |
|---|---|---|---|---|
| 37 | Free of sugars | The food
|
N/A | "sugar-free", "free of sugar", "no sugar", "0 sugar", "zero sugar", "without sugar", "contains no sugar", "sugarless", "0 g sugar", "zero g sugar","0 gram sugar" or "zero gram sugar" |
Implementation and enforcement
The modification described in this notice came into force September 2, 2025, the day it was published in the document, Nutrition Labelling – Table of Permitted Nutrient Content Statements and Claims. Since the modification does not introduce new regulatory requirements, no transition period is necessary.
The Canadian Food Inspection Agency is responsible for the enforcement of the Food and Drugs Act and its associated regulations with respect to foods.
Contact information
If you wish to submit an inquiry or new scientific information related to this topic, please contact Health Canada's Bureau of Nutritional Sciences. If your communication is specific to this notice, please use the words "Free of sugars (M-ANC-25-01)" in the subject line of your message.
Bureau of Nutritional Sciences
Food and Nutrition Directorate
251 Sir Frederick Banting Driveway
Address locator 2203E
Tunney's Pasture
Ottawa ON K1A 0K9
Email: nut.labelling-etiquetage@hc-sc.gc.ca
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