“Functional labeling” (i.e., labeling including functional claims), which was previously allowed to be placed only on health functional foods certified by the Ministry of Food and Drug Safety (the “MFDS”), can now be placed on general foods upon meeting certain requirements.  The MFDS enacted and announced the “Regulation on Functional Labeling or Advertising of Foods, Etc. Not Deemed to Be Unfair Labeling or Advertising,” which permits “functional labeling or advertising” of general foods with functional ingredients that are supported by sufficient scientific evidence.  The regulation went into effect on December 29, 2020.   

According to the above regulation, functional labeling is permitted on general foods that are manufactured using 29 types of functional ingredients which have been scientifically proven to have certain functionality and also been proven to pose no health issues even when taken in large quantities.  
 

• List of functional ingredients eligible for functional labeling on general foods (29 types):  

Ginseng, Red ginseng, Chlorella, Spirulina, Propolis extract, Guava leaf extract, Banaba leaf extract, Oil containing EPA and DHA, Plum extract, Guar gum/Guar gum hydrolysate, Indigestible maltodextrin, Soybean dietary fiber, Tree ear (Auricularia auricular) dietary fiber, Wheat dietary fiber, Barley dietary fiber, Corn bran dietary fiber, Inulin/Chicory extract, Psyllium husk dietary fiber, Fenugreek seed dietary fiber, Aloe gel, Fructooligosaccharide, Probiotics, Red yeast rice, Soybean protein, Polygamma-glutamic acid, Garlic, Raffinose, Agar powder, and Milk protein hydrolysate   

The content of functional ingredients contained in general foods must be at least 30% of the daily intake value and also must not exceed the maximum daily intake value.  Further, when hoping to claim the functionality of ingredients other than the 29 types above, a separate approval needs to be obtained from the MFDS.   

When placing functional labeling on general foods, the phrase “This product is not a health functional food” must be placed on the principal display panel together with details of functionality so as not to mislead or confuse consumers with regard to the category of general foods / health functional foods.  The phrase “This product is not a health functional food” is also required to be included in any functional advertising. 

The MFDS does not permit functional labeling on foods targeted for vulnerable groups such as infants and children, pregnant or breastfeeding women, the elderly and patients, as well as alcoholic beverages and foods high in sugar and sodium, even if they are general foods containing permitted functional ingredients and meeting all requirements.  In addition, functional labeling is not allowed to be placed on general foods having a similar format (e.g., tablets and capsules) to health functional foods.   

[Korean version]