Brand Names – Natural Health Products
In order to legally sell a natural health product (NHP) in Canada, manufacturers of NHPs must submit a product license application to Health Canada’s Natural and Non-Prescription Health Products Directorate. The NNHPD reviews several elements of the application before approving NHPs and assigning a Natural Product Number to the product as an indication of its compliance with Health Canada’s Natural Health Product Regulations and Food & Drugs Act.
As part of the review process, the brand name of the product will be reviewed by the NNHPD with respect to whether the chosen brand name is compliant with the regulations and adequately conveys the proper use and benefits of the NHP under review. The brand name review procedure is often overlooked by applicants as specific instructions for brand name choice are not addressed by a specific NHP regulation or guidance document. But considering that the brand name plays a key role in distinguishing the product from others in the category and is the focus of the promotional material, decisions regarding which brand name to select should be an essential part of the submission preparation for NHPs.
During their review of an NHP product license application, the NNHPD may disallow the brand name proposed by the applicant. This can be due to a perceived issue of non-compliance with Section 9 of the Food & Drugs Act which state that “no person shall label, package, sell or advertise any NHP in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition merit or safety”. Often brand names that have been accepted in countries outside of Canada can require revision in order to be accepted by the NNHPD for the same product.
In order to avoid delays in licensing, applicants will benefit from considering their brand name and whether it aligns with (but doesn’t exceed) the terms of market authorization expected once the licensing process is completed. These aspects of the product are well laid out in product licenses once they are received from Health Canada. The brand name proposed should not exaggerate the degree of relief or benefit conferred by the product.
Other traps to avoid when considering your brand name:
- When using medicinal ingredients in the brand name, limit their names to their proper name/common name or source material to avoid misrepresentation of the product composition.
- When including non medicinal ingredients in brand names, be sure to tie these in to their purpose (such as flavour).
