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Key Topics
Requirement
A company has approached you and asked your advice on the legality of the label for a product that it has developed. You have the task of assessing the label in respect of its compliance with applicable legislation in order to legally sell it in the UK.
Prepare a report for the company, detailing clearly and precisely where the label does not comply and what changes need to be made to the label in order for it to comply with legislative requirements and be sold in the UK. You should consider voluntary as well as mandatory information. Word count is limited, and you are advised to illustrate and tabulate wherever possible.
You particularly need to consider this label in the context of the following legislation:
• Regulation (EU) No 1169/2011 on Provision of Food Information to Consumers
• Regulation (EC) No 1924/2006 on Nutrition and Health Claims made on Foods
A note on referencing
If you wish to refer to legislation, rather than trying to reference it in the Harvard style, put it instead
a separate list from your reference list. Head this ‘List of Legislation Referred to’ and list the full name of the piece of legislation concerned. Much easier and more effective than including it in the main reference list!
Marking Guidelines
Consideration of label in context of required legislation
Demonstration of understanding of labelling requirements
Demonstration of understanding of health claims control
Evidence of background reading and appropriate referencing
Solution
Introduction
The commission of law is a statutory body at independent that keep the law under review whenever it is recommended. The main aim of the UK commission is to make ensure that the law is should be simple, fair and cost-effective in nature. It discusses the criteria for a product that is ventured by the market of UK with the innovation in their new products. Further, the research states that it should be applicable to the features of UK legislation. All these criteria are done in order to just make a move as per the legal areas of UK market. So, the case study will show the existing labeling of the product according to the rules and regulations of the UK (Carter, 2005). As per the comparison based scenario, it suggests certain changes for its product to make a successful launch. All the mandatory information were considered while applying the UK rules and regulations.
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Compliance to Nutrition and Health Claims
As per the (EC) regulation, it mentions in the No. 1924/2006 that the guidance which mentions the operations of food business has been developed. This further helps in making the right label of information with the health claiming benefits or the level of nutrition regarding the product. And, also, it can assess the rules and regulations as per the authorization of new claims. In accordance with the article 3, it states that the company should make the product label with according to the claims of the company.
Whatever the claims within the company is making concerning the merchandise on the label ought to be inside the accordance with the regulation as specific inside the Article three that states that the data mustn't be false and it mustn't mislead the reader in understanding the products’ nutritional value and health benefits. Moreover, as per section 3.8, the merchandise label mustn't encourage patrons to consume the merchandise in excess and it should not deviate from the construct that balance diet is not necessary for the health.
The company should be able to give the labeling of nutrition as per according to the section 4.2 and 5.1. Thus, if the corporate claims the nutritionary presence of a substance, however, has not given any nutrition weight, then it should state those clearly (Food.gov.uk, 2011). Further, in the weight section it claimed the level of caffeine and carbohydrate nutrient as per the company’s present labeling strategy.
As in the given product that is “choccy-coffee breakfast nibs” stated the claim of being the intake of caffeine from the coffee and the chocolate that in real improves the level of physical performance is approved in the understanding of medical aspects and further this intake of caffeine also helps in increasing the performance of an individual with the boosting power in a balanced proportion. And, according to the section 3.8, it says that the customer is not attracted by the label to purchase more and more products. Thus, the presence of nut might misguide the customer to try the product. Moreover, it gives the "WARNING" to the customers regarding the use of the product that may or may not contain nuts and peanuts. Therefore, the company indulges in complying such claims regarding the use of the product.
Allergen information in this, under the law of UK, the foods are needed to be exempt with all the required labeling. The product must contain an information regarding allergens as per the law and regulation. This law obligation should be there on the product but, in this product choccy-coffee breakfast nibs, there is a lack of information regarding the allergen (Out-law.com, 2015). It must be specific according to the needs of the product and also must be accurate.
Irradiated foods in this, the FIC i.e. food information to consumers should possess an ionizing radiation with the "irradiated" word on the product. It should be concerned with the food authority by mentioning the word ionizing radiation. But, in this product choccy-coffee breakfast nibs, there is the lack of information regarding the irradiated word on the product. It must contain the information regarding the label of an irradiated word.
The company has created no impact on the suggestion in involved with the health if not consumed, or created any connectedness weight loss or any doctors recommendation over the amount of biological process significance of the merchandise or claimed any form of reduction by the merchandise or created no suggestions that were related to psychological and behavioral functions that more related to slim body or weight loss. These components depict that the merchandise is wrong compliance as per the given components that were already concerned in it.
As per the Schedule vi, part II, purpose five of the regulation, if the merchandise claims that it is the provider of some specific minerals then it ought to supply the data regarding the sharp of the RDA contained in one serving, as earned by the Food Labeling rules as a result of it's seen from the merchandise label, the company has not placed in information guilty of and withal claims the merchandise to be a provider of carbohydrate and caffeine (Allergytraining.food.gov.uk, 2004). So the corporate is usually recommended to incorporate the knowledge.
As per the Article 2, the claim like “high energy” is going to be taken because the positive attribute. Throughout this case, the company has the healthy heart because it is mentioned, alert brain and implement the improved physical performance that complies with the Article 2.
The Article 4 of section 6.2 states the product label as it follows the quantities of sure nutrients like fat, salt, sugar and alternative substances that is mentioned within the food. It, in addition, the contribution of the most nutrients will have mentions at intervals the diet of the person. However, there isn't any scientific claim that states that the merchandise will have any impact on the health.
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The font size of the merchandise is legible and then complies with the law. Moreover, as per the regulation, the merchandise provides the name of the food, list of ingredients, associate degree quantity of all the ingredients, the name and address of the company World Health Organization manufactured an identical, and, therefore, the nutrition declaration.
The new requirements of the availability state that the company have to be compelled to mention the substance data on the list of ingredients that haven't been mentioned. However, the company has mentioned nutrition labelling that complies with the regulation.
As inside the case of ‘Choccy Coffee’, it should be expressed that the company has used exclusively length as a result of the utilization by that does not clearly indicate once the merchandise has to be compelled to be used. The argument is also expressed as, if a consumer purchases the merchandise at the date before the expiration of the merchandise then that person will still see the use by date as having three weeks of validity that may not inside the favour of that shopper. Therefore, instead of length, the use of actual date is usually recommended from the time of manufacturing.
However, it does not offer associate degree quantity of the food, and, therefore, the date of use is inside the weeks from purchase that's deceptive and it have to be compelled to have the date of manufacturing and, therefore, the specific date till that it ar typically consumed. Moreover, it mentions no storage knowledge that might impact the usability or the quality of the merchandise. It collectively does not mention the means that the merchandise has to be compelled to be consumed, that is, the intake quantity of an identical on per day basis.
As per the Food knowledge laws, computer network quantity of the merchandise have to be compelled to be mentioned inside the merchandise, that appears to be absent. Moreover, as per the minimum strength clause, the edible product have to be compelled to be marked with either the date of ‘best before’ or have to be compelled to have the ‘use by’ date. The use of ‘best before’ ensures that the purchasers became aware of the date of the usability of the merchandise. The ‘best before’ is solely the notification of the day once that the quality of the food will modification. It does not state the protection of the food. The date reflects that after the declared time, the food will show modification inside the colour, texture or flavour and it'd not be acceptable to consume as a result of it had been earlier (Out-law.com, 2015). The ‘use by’ label on the merchandise states that the merchandise is extremely decidable and may be consumed before the indicated date or it will not be the acceptable selection.
References
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Allergytraining.food.gov.uk. (2004). Food Standards Agency - On the label. [online] Available at: http://allergytraining.food.gov.uk/english/rules-and-legislation/ [Accessed 14 Mar. 2016].
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Anon, (2011). Nutrition and health claims. [online] Available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/204320/Nutrition_and_health_claims_guidance_November_2011.pdf [Accessed 14 Mar. 2016].
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Anon, (2012). The Food Information Regulations 2013 Guide to compliance. [online] Available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/82663/consult-fic-guidance-20121116.pdf [Accessed 14 Mar. 2016].
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Carter, S. (2005). A Guide to the UK Legal System - GlobaLex. [online] Nyulawglobal.org. Available at: http://www.nyulawglobal.org/globalex/United_Kingdom.html [Accessed 14 Mar. 2016].
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Food.gov.uk. (2011). European Food Information to Consumers Regulation No 1169/2011 (FIC) | Food Standards Agency. [online] Available at: https://www.food.gov.uk/enforcement/regulation/fir/labelling [Accessed 14 Mar. 2016].
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Irish statute book.ie. (2016). S.I. No. 11/2014 - European Union (Nutrition and Health Claims made on Foods) Regulations 2014.. [online] Available at http://www.irishstatutebook.ie/eli/2014/si/11/made/en/print [Accessed 18 Mar. 2016].
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Out-law.com. (2015). The Consumer Rights Act: consolidating UK consumer protection laws. [online] Available at: http://www.out-law.com/en/topics/commercial/consumer-protection/the-consumer-rights-act-consolidating-uk-consumer-protection-laws/ [Accessed 14 Mar. 2016].
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Reading.ac.uk. (2016). Foodlaw-Reading - University of Reading, UK. [online] Available at: http://www.reading.ac.uk/foodlaw/label.htm [Accessed 18 Mar. 2016].
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