Food and Drug Regulations

B.01.601 (1) A food with a label or advertisement that carries a statement or claim set out in column 1 of the table following section B.01.603 is exempt from the provisions of the Act and its Regulations with respect to drugs, and from subsections 3(1) and (2) of the Act, if

• (a) the food meets the applicable conditions set out in column 2;

• (b) the label of or the advertisement for the food meets the applicable conditions set out in column 3; and

• (c) the food is not

  • (i) intended solely for children under two years of age, or

  • (ii) a food represented for use in a very low energy diet.

(2) Subsection (1) does not apply to a food that comes within the definition of drug as defined in section 2 of the Act for a reason other than the fact that its label or advertisement carries a statement or claim referred to in that subsection.

(3) Subsection (1) applies even if the word “graisses” in the French version of the statement or claim is replaced by the word “lipides”.