An update to the legislation it is now fully confirmed the tory Government has updated the Guidance Nutrition legislation information sheet
Updated 20 February 2024
https://www.gov.uk/government/publications/nutrition-legislation-information-sources/nutrition-legislation-information-sheet--2
This shows the change in the law that it is a criminal offense to use any such wording such as Low carb, palio, carnavore, keto etc that is not in the register of nutirican claims
this says
Why government wants to introduce these reforms the government is determined to achieve the UK’s ambitions of creating the best-regulated economy in the world, and stimulating economic growth, innovation and job creation through smarter regulation. For nutrition-related labelling, composition and standards regulations this means:
protecting consumer safety and public health ensuring accurate nutritional information so that consumers can make informed choices about their diet
maintaining the competitiveness of businesses avoiding any unplanned intra-UK and wider international divergence to minimise barriers to trade
It is a criminal offence to use an unauthorised nutrition or health claim - that is, one that is not included in the legislation. Previously the requirements of retained Regulation (EC) 1924/2006 could only be enforced by means of a criminal prosecution (fine or imprisonment), and did not align with other food labelling enforcement.
The reforms are less bureaucratic, more proportionate and largely welcomed by businesses and enforcement agencies alike.
For example, The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016 and the Food Safety Act 1990 regulations make provision for enforcement officers to serve improvement notices as an earlier step to build compliance in respect of:
food intended for infants and young children
food for special medical purposes
total diet replacement for weight control
In those instances, where there is failure to comply with an improvement notice, enforcement authorities may move to prosecution for that failure.
The introduction of improvement notices for breaches to compliance with nutrition and health claims in retained Regulation (EC) 1924/2006 through this reform delivers the same enforcement regime and thus achieves the right balance of maintaining quality standards for consumers and robust and proportionate regulation.