Using
the word Doctor in honey sold under the brand name Manuka Doctor does not
amount to a health claim.
Manuka Doctor, like soft drink Dr Pepper and trade name Rug
Doctor, makes no promises through its brand name about medical benefits from
its use, the Court of Appeal ruled.
Honey New Zealand found export sales of its Manuka Doctor
honey blocked when Primary Industries refused an export certificate. It said the word Doctor implied the product
would be “good for your health” and this required proof before export
certificates would be issued under the Animal Products Act.
The Court said general claims of unidentified health
benefits are not prohibited. The Food
Standards Code is aimed at advertised claims of specific measurable health
effects. Labelling foods as organic,
halal or farm fresh makes no promises about medical benefits from their
consumption.
Honey
New Zealand International v. Primary Industries – Court of Appeal (20.04.16)
16.062