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Key Topics
Requirement
Legality of the Label for a Product
Solution
Introduction
The paper tries to discuss the labeling criteria for a product of a company that wants to venture into the market of the UK with its new eatable product. The study tries to assess the label mentioned on the product with respect to the applicable UK legislation. This will be done to ensure that the product complies with all the legal areas before launching into the UK market. This will help the company launch product which is customer friendly and allows the customers to make fair decision based on the information provided.
The case will study the existing label of the product and the existing rules and regulations regarding the same. Based on the comparison, the paper will try to suggest changes that are imperative for the successful launch of the product. All the voluntary and mandatory information will be considered while realising the applicable laws and regulations.
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Compliance to Nutrition and Health Claims
Regulation (EC) No 1924/2006 mentions the guidance that has been developed for the companies involved in the food business operations. This helps the company choose correct information on the product label while claiming any health benefits or nutrition of the product. Moreover, the regulation provides the methods that can be adopted to get authorisation of the new claims.
Whatever claims the company is making about the product on the label must be in the accordance with the regulation as stated in the Article 3 that states that the information must not be false and it must not mislead the reader in understanding the products’ nutritional value and health benefits. Moreover, as per section 3.8, the product label must not encourage buyers to consume the product in excess and it should not deviate from the concept that balance diet is not necessary for the health.
As it can be stated from the label of the “Chocy-Coffee Breakfast Nibs” that it’s the claim that the “intake of caffeine from coffee and chocolate actually improves the physical performance” is true to the medical understanding and the caffeine does provide nutritional value and boost the performance of the person if it is taken in balanced condition. Moreover, the product label does not motivate buyers to consume more and, therefore, it can be said the company comply by the Section 3.8. However, the presence of nut in the content tries to mislead the customers on the presence of nut in the product. The product is trying to confuse the customers through the claim “WARNING – contains nuts and may contain nuts and peanuts”. Therefore, to comply by the law, the company is suggested to remove such claim.
As per the section 4.2 and 5.1, the company must provide the nutrition labelling if it is making any nutrition or heath claim. Moreover, if the company claims presence of a nutritional substance but has not given any nutrition weight, then it must state those clearly. However, in the current company’s label, it can be seen that the company has mentioned both the major nutrients it claimed – caffeine and carbohydrate – in the nutrient weight section.
The company has made no suggestion to the impact on the health if not consumed, or made any reference to weight loss or recommendation of any doctors over the nutritional significance of the product or claimed any disease reduction by the product or made no suggestions related to psychological and behavioural functions related to slim body or weight loss. These elements state that the product is in proper compliance as per the aforesaid elements are concerned.
As per the Article 2, the claim such as “high energy” can be taken as positive attribute. In this case, the company has mentioned healthy heart, alert brain and improved physical performance which complies with the Article 2.
As per the Schedule 6, part II, point 5 of the regulation, if the product claims that it is the source of some specific minerals then it must provide the information about the % of the RDA contained in one serving, as required by the Food Labelling Regulations As it can be seen from the product label, the company has not placed in information in % and yet claims the product to be a source of carbohydrate and caffeine. Thus the company is suggested to include the information.
The product label follows the Article 4 of section 6.2 as it mentions the quantities of certain nutrients such as fat, salt, sugar and other substances in the food. It also mentions the contribution the major nutrients will have in the diet of the person. However, there is no scientific claim that states that the product will have any impact on the health.
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The new requirements of the provision state that the company should mention the allergen information on the list of ingredients which have not been mentioned. However, the company has mentioned nutrition labelling which complies by the regulation.
The font size of the product is readable and thus complies by the law. Moreover, as per the regulation, the product provides the name of the food, list of ingredients, quantity of all the ingredients, the name and address of the company who manufactured the same, and the nutrition declaration.
However, it does not provide quantity of the food, and the date of use is in the weeks from purchase which is misleading and it should have date of manufacturing and the stated date till which it can be consumed. Moreover, it mentions no storage information which might impact the usability or the quality of the product. It also does not mentions the way the product should be consumed, that is, the intake quantity of the same on per day basis.
As per the Food Information Regulations, the net quantity of the product should be mentioned in the product, which seems to be absent. Moreover, as per the minimum durability clause, the edible products should be marked with either the date of ‘best before’ or should have the ‘use by’ date. The use of ‘best before’ ensures that the consumers are become aware about the date of the usability of the product. The ‘best before’ is only the notification of the day after which the quality of the food will change. It does not state the safety of the food. The date reflects that after the stated time, the food will show change in the colour, texture or flavour and it might not be suitable to consume as it was earlier. The ‘use by’ label on the product states that the product is extremely perishable and must be consumed before the indicated date or it will not be the suitable option.
As in the case of ‘Choccy Coffee’, it can be stated that the company has used only duration as the use by which does not clearly indicate when the product should be used. The argument can be stated as, if a consumer purchases the product at the date before the expiration of the product then that person will still see the use by date as having three weeks of validity which is not in the favour of that consumer. Therefore, instead of duration, the use of exact date is suggested from the time of manufacturing.
References:
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Reg 3 (1) Exemptions from labelling controls for products imported from other Member States or EEA States, subject to the product being in compliance with specific requirements of Directive 2000/13/EC.
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Reg 3 (3) (a) Exemptions from labelling controls for food not intended for sale for human consumption.
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Regulation 18 (3) If a food which is not required to bear a list of ingredients chooses to do so, this list must be structured and presented in accordance with the requirements of the Regulations.
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Regulation 6 (3) This provision permits the name to be qualified by other words which make it more precise, unless such qualification is prohibited.
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Regulation 23 (1) (a) Food which is not pre-packed, or is prepacked for direct sale, need not be labelled with any of the "general labelling requirement" with the exception of the name of the food.
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Article 1(2): requirements for nonprepacked foodstuffs Regulation 29(1)(a): requirement for non-prepacked foods from vending machine Although 1924/2006 will apply to nonprepackaged foodstuffs in general Regulation 29(1)(a) will continue to apply to non prepacked foodstuffs from vending machines.
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Article 2: definition of nutrition claim Regulation 2: definition of a nutrition claim 1924/2006 applies.
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Article 5(3): nutrition and health claims shall refer to the food ready for consumption in Schedule 6, part II, point 8: claims which depend on another food 1924/2006 will take precedence in these cases. As well as complying with Article 5(3) claims must also comply with Article 3 and should not be false, ambiguous or misleading.
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Source of [name of vitamin/s] and/or [mineral/s] Schedule 6, part II, point 4: source of [name of vitamin] Schedule 6, part II, point 5: 1924/2006. to be eligible to use the claim a product must contain a significant amount of the vitamin or mineral. For those listed in Directive 90/496/EEC on nutrition labelling of foodstuffs this will be 15% of the RDA. Products will not be required to contain one source of [name of mineral] sixth of the RDA or provide information about the % of the RDA contained in one serving, as required by the Food Labelling Regulations. However, the nutrition labelling requirements in Schedule 7 of the Food Labelling Requirements still apply.
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