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Requirement
Write about when a company has approached you and asked your advice on the legality of the label for a product that it has developed.
Solution
Assessment of Labels in terms of Compliance
The legislation requirements are the very first aspect that need to be determined as far as compliance is concerned. In this respect, the report here presents very important yardsticks for an eatable product that is just going to enter into the food market. The market here is UK and the product has to go through all the details with respect to its applicability according to the UK legislation. The product requires to cover all the areas that are crucial in terms of legal perspective so that it could be safely launched in the market. The product also needs to clearly spell out its specifications so that customers could come up with a balanced judgment as to what the product is really all about. In this report, a product is to be juxtaposed against the current rules and regulations prevalent in the UK market regarding the criteria of labelling. Also, there will be important suggestions if the product needs to be compared to the existing regulations that are essential for the launch of the product (Turbí et al., 2004).
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Provision of Food Information to Consumers
As per the guidelines mentioned under (EU) No. 1169/2011, that have been constructed for the proper functioning of the business operations of the food companies. These legal guidelines are very crucial for the companies to put across correct and necessary information about the product going to be launched. The report also suggests the methods that are needed to be adopted for making new claims regarding veracity of the products. The article 3 of the stated law clearly says that all the claims made by the company of the product should be based on the specified regulations. The article further reveals that the information must not be based on the falsehood and misleading facts. It is important that if the company belongs to the food industry, it is mandatory for it to include the nutritional value and the health benefits about the product and according to section 3.8, the company should not get involved in the business of encouraging consumers to excessively utilize the product reflecting that the balanced proper for the health (Caswell & Mojduszka, 1996).
The product being discussed here carries the label of “Choccy-Coffee Breakfast Nibs” claiming that caffeine intake in the form of coffee as well as chocolate boosts the physical health of the individuals who consume it. So, it can be true to say that caffeine does have some nutritional value to improve an individual’s performance if taken in a balanced manner. It seems that the very look of the label reveals that it does not motivate customers to purchase and consume more, hence it complies the guidelines as per the section 3.8. The product, however, also proclaims a Warning that says it contains nuts and peanuts making it appear that it has created a bit of confusion as far as product information is concerned. So, as a matter of suggestion, the company should immediately remove such information and claims.
The section 4.2 and 5.1 of the product guidelines state that the company is bound to provide the labelling about the nutrition with regards to the nutrition and health claims. It further adds that in the condition of absence of any further information of nutritional weight is not accepted. In case of the given label of the company, it has clearly provided information regarding caffeine and carbohydrates in terms of the nutritional weight. Moreover, the company also has not provided any information about the product’s influence on the health if it is not eaten or consumed. It has not made any reference regarding any weight-loss or any recommendations to meet doctors with regards to the nutritional value (if any) about the product. There are no claims being made by the company regarding disease reduction by product consumption as well as there are no suggestions made for the psychological and behavioral aspects in terms of slim body or weight loss. Therefore, all of these factors spell out the proper compliance of the company.
Article 2 regarding the guidelines of the food products says that the claim like “high energy” as the positive quality because the company has also mentioned a healthy heart, conscious brain and improved physical performance. As according to the point 5 of part 2 of schedule 6 of the guidelines, if in case the company claims the product is a rich source of certain minerals, then it is mandatory to provide the information about the percentage of the Resource Description and Access (RDA) that is contained in one serving. The requirements as seen from the Food Labelling Regulations, the company hasn’t placed any information in terms of percentage claiming that the product is a proper source of carbohydrate and caffeine (Häubl & Trifts, 2000). Therefore, the company is suggested to include the information. Also, according to the article 4 of section 6.2, the product label does mention the qualities of few specific nutrients such as fat, salt, sugar as well as other ingredients in the food. It also explains about the contributions made by the major nutrients being put in the diet of the consumers. However, no scientific claim has been made about the product impacting the health of the consumers.
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As per the fresh requirements with regards to the provisions, the company is bound to provide the allergen information regarding the list of the constituents of the ingredients that have not been mentioned. But, it is fair on the part of the company as it has clearly mentioned the nutritional labelling which is in compliance with the regulations. In terms of writing, the font size being used is clearly readable and is therefore in compliance with the law. Also, according to the regulations, it was also fair on the part of the company as the product has provided the name of the food item, details of its ingredients, quality of ingredients, declaration of nutrition as well as the name and address of the company which is the manufacturer. However, the information regarding the quantity of the food has not been provided by the company, also the date of usage as mentioned in terms of weeks from purchase seems to be misleading and it must contain the date of manufacturing and the written date till it is to be consumed. It also, doesn’t mention as to how the product should be consumed, that is, the daily dose of intake quantity (Jacoby, Chestnut & Silberman, 1977).
According to the Food Information Regulations, there is a mandatory compulsion that the quantity of the product should be mentioned in the label. But here it appears to be absent from the place. Also, as per the minimum durability clause, it is very important to note that the information about the edible products must be marked having either the date of ‘best before’ or should contain the ‘use by’ date. “Best before” is the information of the product that makes sure that the consumers should be quite aware with regards to the usability of the products. The ‘best before’ refers to the information about the notification of the day after that the quality of the food deteriorates. So, it is not stating the safety of the food item. Also, it is assumed that after this day, the quality of the food starts changing as it will show the change in the color, texture as well as flavor because it might not be appropriate to consume as safely as it was earlier. The “use by” label being provided on the product states that it is extremely perishable and needed to be consumed by the end of the specified date (Henson & Caswell, 1999).
According to the food information laws, the information is mandatory to be mentioned in the product label. So, in case of Choccy-Coffee Breakfast Nibs, the company has put information regarding the duration because it was not clearly indicated as to when the product should be used. As per the argument stated in this regard, if a consumer buys the product well before it expires, then the buyer will be using by date and as having three weeks of validity which is clearly not in his favor. Which is why, instead of duration, the precise date is required from the time of manufacturing.
References
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Caswell, J., & Mojduszka, E. (1996). Using Informational Labeling to Influence the Market for Quality in Food Products. American Journal Of Agricultural Economics, 78(5), 1248. http://dx.doi.org/10.2307/1243501
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Häubl, G., & Trifts, V. (2000). Consumer Decision Making in Online Shopping Environments: The Effects of Interactive Decision Aids. Marketing Science, 19(1), 4-21. http://dx.doi.org/10.1287/mksc.19.1.4.15178
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Henson, S., & Caswell, J. (1999). Food safety regulation: an overview of contemporary issues. Food Policy, 24(6), 589-603. http://dx.doi.org/10.1016/s0306-9192(99)00072-x
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Jacoby, J., Chestnut, R., & Silberman, W. (1977). Consumer Use and Comprehension of Nutrition Information. J CONSUM RES, 4(2), 119. http://dx.doi.org/10.1086/208687
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Turbí, C., Herrero-Beaumont, G., Acebes, J., Torrijos, A., Graña, J., & Miguélez, R. et al. (2004). Compliance and satisfaction with raloxifene versus alendronate for the treatment of postmenopausal osteoporosis in clinical practice: An open-label, prospective, nonrandomized, observational study. Clinical Therapeutics, 26(2), 245-256. http://dx.doi.org/10.1016/s0149-2918(04)90023-9
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