ASC Circular 2018-011 – Update on the Use of Qualifiers and Other Matters

Please be informed that the TechCom has approved the following changes in the ASC Code of Ethics & Manual of Procedures.

I. Use of Qualifiers

  1. No need to use qualifier “vs. NON-USE”
  2. Use of “vs. PREVIOUS FORMULATION”” is now allowed until change in product formulation is made
  3. Use of “SERVING SUGGESTION” as qualifier is now only required when a presentation of the product is shown with enhancements compared to the actual product such as, but not limited to: addition of vegetables when presenting instant noodles as prepared in a bowl, showing of packaged meat products with additional trimmings, etc.
  4. Use of “CREATIVE VISUALIZATION is no longer mandatory except when showing product action that is not obvious to the naked eye, such as, but not limited to, molecule or atom action of product ingredients.

II. Use of previously-approved material/s ONLY as support with the following conditions:

  1. Previously-approved material with ASC stamp of approval and ASC Clearance are acceptable as support for claims so long as the claim is based on ingredient composition and/or performance of the product itself. Comparative and superiority claims still need to be supported with 3rd party studies.
  2. If the claim is time-bound, example is “No. 1”, previously-approved materials can be used as support but the validity period to be issued will be the same as the originally approved material.
  3. When contexts change the meaning of the claim, a previously-approved material cannot be used as support.

III. Digital and Print Materials of Regulated Categories

Print and digital materials of regulated categories (OTC and HR Products, Food/Dietary/ Herbal Supplements, Alcohol Beverages, Products Under the Milk Code, and Airline Promotions) with absolutely no claim/s, i.e., no product benefit or performance claim/s, need not be cleared (e.g., time check, countdowns, occasion-based greetings, etc.

The above changes take effect on applications starting Wednesday, 1 August 2018.

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