What health claims can a wellness business make in its advertising?

Most legal trouble for wellness brands comes from what they say, not what they sell. The same rules apply to your website, packaging, social posts, emails and the creators you pay.

Which claims are off-limits?

Under section 3 of the Food and Drugs Act, no one may advertise a food, drug, cosmetic or device to the general public as a treatment, preventative or cure for the diseases, disorders or abnormal physical states in Schedule A.1. The list includes, among others, acute anxiety state, addiction (except nicotine addiction), acute, inflammatory and debilitating arthritis, asthma, cancer, dementia, depression, diabetes, hypertension, obesity and sexually transmitted diseases. Read the current Schedule before writing claims. There’s a limited exception: under s. 103.2 of the Natural Health Products Regulations, a natural health product may be advertised to the public as a preventative, but never as a treatment or cure, for a Schedule A.1 condition, and the claim still has to match the product licence.

What about other health claims?

Claim type	Rule
Natural health product benefits	Stay within the recommended use in the product licence. See selling supplements in Canada
Performance claims (“reduces stress in 7 days”)	Must be based on adequate and proper testing done before the claim is made, under s. 74.01 of the Competition Act
General impression	The overall impression counts, including images, before-and-after photos and the literal meaning
“Clinically proven”, “doctor recommended”	Need the clinical evidence or the actual recommendation behind them
Testimonials	Under s. 74.02 of the Competition Act, you can publish a testimonial only if the person gave it publicly first or approved it in writing, and it must accord with what they said. It’s also your representation, so it can’t create a misleading impression; keep testimonials genuine and typical, and disclose any payment or free product
Services by regulated practitioners	Also subject to the practitioner’s college advertising rules, which often restrict testimonials and comparative claims

Are influencers and testimonials my responsibility?

Often, yes. A brand can be responsible for misleading claims made by creators it pays, and creators must disclose a material connection. See who’s responsible when an influencer post breaks the rules and brand deal contracts.

What are the consequences?

Health Canada can act under the Food and Drugs Act, and the Competition Bureau can seek administrative monetary penalties for misleading advertising, which can be substantial for businesses. Regulated practitioners can face college discipline. Platforms may also remove ads.

How do I keep claims safe?

• Keep a claims file: each claim, where it’s used, and the evidence for it.
• Use “supports” and “helps maintain” claims that match the evidence or licence, and avoid disease names.
• Review influencer briefs and scripts, and give creators an approved claims list.
• Get written consent before using a client’s story or photos, and check privacy rules. See privacy for wellness clinics.
• If you’re a clinic, check your college’s current advertising standards.

What to do next

We review brand deal and influencer agreements as a brand deal contract and prepare clinic privacy and consent documents, at fixed fees on our fees page. See also social media and advertising for clinics.

This guide is general information about Ontario and Canadian law, not legal advice for your situation. To review your claims before a launch, book a free 15-minute consult.