PRELIMINARY inspection of the health claims made for Xocai "healthy chocolate" in marketing material distributed in Australia appears to contravene the national food standards code, the NSW food watchdog has found.

"A claim that a food product 'supports your immune system' is illegal under current law. Claims that a product's ingredient assists, enhances or helps develop a specific bodily function or capacity is also illegal," said Alan Valvasori, the public affairs manager of the NSW Food Authority.

"Statements that imply a product's consumption assists or is beneficial to overall well being are also not allowed," he said.

One of the few exceptions is promoting the benefits to pregnant women consuming folate to help reduce the risk of neural tube defects in unborn babies, he said.

Xocai promotional material which the Herald sent the Authority included claims that a combination of dark chocolate and acai - the ingredients in the product - "balances cholesterol," "lowers bad cholesterol," "may aid weight loss," "improves insulin levels." It contains phytochemicals" that may reduce cardiovascular disease and "inhibit the carcinoegencic activity of cells," the material also claimed.

The NSW authority would investigate any such claims made by distributors or importers in its jurisdiction, Mr Valvasori said.

However, claims using offshore websites were very difficult to police and the Xocai operation was registered in Victoria, which gave that state responsibility for dealing with it, he said.

Brian Alexander, a spokesman for Victoria's Department of Human Services, which deals with health claims for food said:"There may be some issues in relation to the claims made. We want to explore them before considering any further action."

Debra Jopson