On September 2, 2025, Health Canada published a Notice of Modification confirming that chewing gum is once again exempt from the energy conditions tied to the “free of sugars” nutrient content claim. While this may seem like a technical adjustment, it’s an important clarification for manufacturers and marketers of chewing gum products in Canada.
What Changed?
Under Canada’s Table of Permitted Nutrient Content Statements and Claims, foods must meet strict conditions before making claims such as “sugar-free” or “no sugar.” These conditions extend not just to the sugar content itself, but also to the energy (calorie) content of the product.
In 2022, Health Canada adjusted the rules so that foods making a “free of sugars” claim could meet the less restrictive “low in energy” threshold (≤40 calories) instead of the very stringent “free of energy” threshold (<5 calories). This change was intended to give more flexibility – especially for products sweetened with low- or no-calorie sweeteners.
However, there was an unintended consequence. The revision removed a long-standing exemption for chewing gum. Because chewing gum has a small reference amount (3 g), the calorie calculation was applied over a standardized 50 g basis, making many gums ineligible for the “sugar-free” claim – even if they had essentially no sugar.
Why the Exemption Matters
Health Canada has clarified that the intent of the original change was never to restrict gums from making such claims. Both the 2018 and 2022 notices around the Table made clear that chewing gum was expected to remain eligible for “sugar-free” claims. Without the exemption, gum manufacturers faced unnecessary compliance challenges and potential confusion for consumers.
By reinstating the phrase “with the exception of chewing gum” into the regulatory text, Health Canada has corrected the oversight. Chewing gum can now continue to display “sugar-free” or related claims without conflicting with the energy density criteria.
Industry Impact
For chewing gum manufacturers and importers, this clarification:
- Removes regulatory uncertainty – Companies can continue to market products with sugar-free claims as they have historically.
- Avoids costly relabelling or reformulation – The exemption ensures products already compliant remain so beyond the December 31, 2025 transition period.
- Aligns with consumer expectations – “Sugar-free” gum is a well-established category, and this correction avoids mixed messages in the marketplace.
The Canadian Food Inspection Agency (CFIA) remains responsible for enforcement, but since this modification reinstates a previous exemption rather than creating new requirements, no transition period is required.
Takeaway for Businesses
While this adjustment is specific to chewing gum, it highlights an important theme for all food and beverage companies: small regulatory changes can have big downstream effects. Even when the intent of Health Canada is clear, the technical details in the Food and Drugs Regulations and associated tables can introduce unintended compliance challenges.
As consultants, our role is to monitor these regulatory shifts, interpret their practical implications, and help companies stay ahead of compliance risks – before they become costly issues.
If your business relies on nutrient content claims, especially in niche product categories, now is a good time to review your labels against the most current version of the Table of Permitted Nutrient Content Statements and Claims. Contact Dell Tech today for expert guidance in the Canadian food industry.
DELL TECH HAS PROVIDED PROFESSIONAL, CONFIDENTIAL CONSULTING SERVICES TO THE SPECIALTY CHEMICAL INDUSTRY IN CANADA, THE USA, EUROPE AND ASIA FOR THE LAST 40 YEARS.
