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| EU
evaluation of the food labelling legislation |
CFG
05/03 rev.
Foodaware proposed
contribution to the evaluation
Mandatory labelling information:
Mandatory labelling provisions
Nutritional labelling
Origin labelling
Protected geographical indications
and designations
Food packed and sold on the premises
and in catering outlets
Methods of food production and processing
Name of product
List of ingredients
Date marking
Voluntary labelling information:
Nutritional labelling
Claims
Health claims
Health claims specific to a nutrient
or ingredient
Medicinal claims
Presentation and advertisement:
Presentation of mandatory information
Subsidiary information and its presentation
Use of symbols
Labelling of food is a central issue for Foodaware. It has prepared
the following contribution to the EU labelling evaluation, which is
currently taking place, and hope that its comments will contribute
to the representation of consumer views in the final report. Comments
are presented using the structure included in Annex 2 of the framework
contract.
1. Mandatory labelling information
The purpose of the label must be to provide meaningful information
in order for consumers to be able to make an informed choice about
the food they buy. The label can also be used as a tool for promoting
healthy eating by providing nutritional information, and for food
safety by providing cooking and storage information. Although useful,
Foodaware believes it should not be seen as the main way of educating
consumers in these areas.
Labels should allow food manufacturers to differentiate their products
but should not be used predominately as a marketing tool. Often misleading
illustrations and claims divert the consumer’s attention from
what the product really contains.
With the consumer’s increasing demand for information and an
ever widening range of new products and processes coming on to the
market all the time, there is a danger of information overload on
the label. Some believe that ‘non essential’ information
could better be delivered by other means.
There is also concern about the usefulness of much of the current
information on labels. Although the food industry has made efforts
to provide additional information to consumers, beyond the legal requirements,
this has rarely been done consistently. This makes comparisons between
brands and products difficult. In addition, research has shown that
the language used on labels can make the information presented difficult
for consumers to understand. This makes it difficult, for example,
for consumers to match healthy eating messages with the foods that
they buy.
- Foodaware recommends that the main purpose of the label must
be for the provision of information to help consumers make informed
purchases and to use the product safely. Such information must
be delivered in a consumer friendly manner meeting best practice
recommendations (such as those developed by the Co-operative Wholesale
Society[1]).
- Foodaware recommends that information on the label should be
consistent with healthy eating and food safety messages but that
the label should not be the main way of educating consumers in
these areas.
Mandatory labelling provisions
Foodaware recommends that it should be mandatory for the following
to be included on the label:
- name of the product;
- list of ingredients, including constituents of all compound
ingredients;
- net quantity;
- date of minimum durability;
- business name and address of the manufacturer or packer;
- safety and storage indications;
- nutritional content;
- presence of known allergens;
- use of novel methods of processing or food production;
- lot mark.
Nutritional labelling
Nutritional information can help consumers plan a healthy diet but
it needs to be presented in a meaningful way. The information should
be put in context so that consumers can compare it with recommended
daily guideline amounts. In addition, the presentation needs to be
consistent across products to enable consumers to make comparisons
between products and brands.
Current nutrition labelling needs to be improved if consumers are
to use it effectively. A number of recent studies have highlighted
best practice and this should be used as the basis for EU nutrition
labelling.
- Foodaware supports compulsory nutritional labelling on all foods.
However, only nutritional information shown by research to be
understandable and usable by consumers should be mandatory. In
addition, a review of how best to present nutritional information
to consumers is needed before such labelling is made compulsory.
More specifically, Foodaware recommends that:
- There must be a programme of consumer education at both national
and EU level to help consumers understand why the nutritional
information is there and to enable them to use it effectively.
- It should be possible to provide nutritional information per
serving or per portion. Information per 100g or 100ml must be
given as well so that different products can be compared.
- An agreed list of RDAs[2] for
vitamins and minerals must be drawn up taking into account recent
research findings about these nutrients. Foodaware accepts the
use of 15% to constitute a “significant amount”.
- Nutrient content information must be accurate and fall within
agreed tolerance limits. Common methods of food analysis and common
tables of nutrient content for foods must be agreed with other
Member States.
- Kilocalories must be given as well as kilojoules.
- We acknowledge that use of the term ’sodium’ is
currently required. However, the term ‘salt’ is more
easily understood by consumers and, ideally, this should also
be incorporated into nutritional labels. In the meantime, consumer
education is needed to improve public understanding of the term
‘sodium’.
Origin labelling
At present, the label does not have to declare where a food was produced,
unless failure to do so might mislead consumers about the true origin
of the food.
- Foodaware supports country of origin labelling for all foods.
Where ingredients used are from a variety of sources, or sourcing
varies, this should be made clear (eg 'product of more than one
country) and should be narrowed down to the smallest geographical
area possible (eg 'product of the European Union')[3]
. Information should be as specific as possible and in line with
UK Food Standards Agency advice specifying the country of origin
for ingredients of most interest to consumers including meat and
dairy products.
Protected geographical indications and designations
A package of European legislation provides a system for protecting
food names on a geographical or traditional recipe basis. Under these
Regulations a named food or drink registered at a European level will
be given protection throughout the EU.
- Foodaware does not accept that the Commission’s role is
to determine for the consumer whether one foodstuff is superior
to another through so-called quality labelling.
- Consumers would be best served by a requirement to state on
the label the origin of certain foods if the consumer were likely
to be confused over where they were produced.
Food packed and sold on the premises and in
catering outlets
Food that is sold pre-packed on the premises is currently not subject
to the same legislative requirements as food that is sold pre-packed
in supermarkets. Foodaware believes there is little justification
for many of the differences in labelling requirements between pre-packed
foods, non-pre-packed foods and foods packed on the premises.
Foodaware accepts that the problem of legislating in the area of foods
sold in catering establishments is a difficult one. It may not be
feasible to extend full labelling to restaurants but may be more possible
where the food production is centralised, for example in restaurant
chains or in works canteens and hospitals. If full labelling is not
feasible, the aim must be to improve the amount of information available
to consumers by other means e.g. by asking shop or restaurant staff.
- Foodaware recommends that the distinction between packed and
non pre-packed foods should be reviewed and that foods packed
on the premises should be fully labelled.
- Foodaware recommends that labelling in catering establishments
should be improved where possible, especially with regard to the
provision of ingredient information and the labelling of allergens.
Methods of food production and processing
Some of the key areas of concern about modern food production for
consumers involve food production and processing methods that are
new and controversial such as irradiation, genetic modification, and
the use of growth-promoting hormones. In addition, it is likely that
other new techniques or treatments will be developed and used in the
future. Consumers may want to avoid foods produced by the use of such
novel and unfamiliar treatments for any number of reasons –
be it religious, medical, ethical, or environmental - or just because
the methods are different from those they are used to. The problem
is where to draw the line on the information given on production and
processing methods.
- Foodaware believes that use of those techniques which are novel
and which may therefore be controversial, should be clearly labelled
to distinguish them from those which have been in use for a number
of years. It should be noted that Foodaware already supports the
labelling of all irradiated foods and of all foods produced from
GM sources.
- Foodaware recommends that post harvest treatment for fruit
and vegetables should be displayed or, at the very least, available
to consumers on request.
Name of product
The name under which a food product is sold is extremely important
to consumers, as it is often their first (and main) indication of
its true nature. EU law requires the label to give (i) a name that
is either prescribed by law, or (ii) a customary name, or (iii) a
name that indicates the true nature of the food (a descriptive name).
Some foreign names, such as lasagne, are well understood by UK consumers
and have acquired the status of customary names.
The labelling that is required on food often depends on how that food
is sold to consumers, that is whether it is sold loose, pre-packed
or through catering establishments.
- The name of a food must provide the customer with enough information
to distinguish it from other similar products on display.
- Foodaware considers that there is little justification for
many of the differences in labelling requirements between pre-packed
foods, non-prepacked foods and foods packed on the premises.
List of ingredients
Foodaware wishes to make the following set of specific recommendations:
- All alcoholic drinks without exception should be labelled with
their ingredients in line with other drinks and food
- Foodaware considers that there is little justification for the
complete exemption of quantitative ingredient declarations (QUID)
for non-prepacked foods and foods packed on the premises.
- There should be a limited number of EU definitions of staple
products such as fish.
- Foodaware firmly supports the removal of the arbitrary 25% exemption
from legislation to list ingredients. Consumers must be properly
informed about all of the ingredients in their food.
With regard to food additives and ingredients, labels should be
consistent and not mix the E-number system with specific additive
names.
Date marking
Most prepacked foods are required to carry a date of minimum durability.
Either a “best before” date, which is the date up to and
including which the foodstuff will retain its optimum condition, or
a “use by” date which must be used on foods that are microbiologically
highly perishable and which could pose an immediate danger to human
health. Some foods are exempt from the need for “use by”
dates, for example whole fresh fruit and vegetables, wines and spirits,
some flour confectionery and doorstep-delivered milk.
- Retailers and manufacturers must use date marking in a consistent
way so that consumers are not confused by conflicting date-marks
on similar products.
- Date marking should be extended to all products because it is
intended to increase safety and raise awareness of shelf life.
2. Voluntary labelling information
Nutritional labelling
As already detailed above, Foodaware supports making nutritional labelling
compulsory on all foods (see point 1.1).
Claims
There has been a proliferation of claims in recent years making implications
about the way a product has been produced that may not necessarily
be justified by its content. These claims range from those that infer
a certain product constitutes a ‘healthy choice’, to ones
such as ‘traditional’ or ‘farm fresh’ that
infer a product has been produced in a certain way. Such claims should
not be confused with approved schemes such as the UK’s organic
certification scheme under which products have to meet very specific
criteria.
Many retailers and manufacturers are not open about the criteria for
their own ‘claims’ and these are not consistent across
the industry. Consumers need to know, for example, on what criteria
the ‘healthy’ claim is based.
- Foodaware believes that claims should be openly substantiated
or otherwise deleted.
- Claims should be regulated at EU level and include consistent
criteria for their application. Foodaware has been calling for
years for such legislation, and is now expecting the adoption
and publication by the Commission of the proposal announced in
the White Paper on Food Safety.
Health claims
- Foodaware strongly supports the position that any ambiguous
or imprecise generalised claims (such as "light", "lite",
"fresh" or "full of goodness") made in labelling
of a food must be explained and justified on the label and be
capable of substantiation. (Also see below).
Health claims specific to a nutrient or ingredient
We believe that claims should be limited to information on the objective,
measurable aspects of a food that could enable consumers to make up
their own minds about the health value of a food. Health claims are
hard to justify for individual foods when the needs of individual
consumers vary greatly and when diet and lifestyle factors are of
key importance to health. The possible educational role of health
claims is likely to be outweighed by their potential to confuse and
mislead consumers, who are not generally well informed about their
individual health status. Ideally, consumers should be encouraged
to achieve dietary change by the provision of clear, simple, accurate
and comprehensive information and education about nutrition - not
through marketing claims.
If health claims are allowed:
- Health claims must be fully substantiated by scientific evidence
that must be assessed by an independent expert body. Foodaware
strongly supports the pre-market approval of health claims.
- Foodaware accepts that it could be useful to have a list of
officially endorsed acceptable health claims, that are linked
to nutrient function, based on consistent criteria and that command
a general scientific consensus.
Medicinal claims
- Foodaware supports the continuation of the ban on medicinal
claims on food.
3. Presentation and advertisement
Presentation of mandatory information
Wording on the label can sometimes be difficult to read because of
the colour combination, size of text, or font used. The legally required
part of the label may not be in an obvious place and consumers can
be misled by more prominently placed marketing information.
Foodaware believes essential information must be legible and placed
in a prominent position but that a statutory presentation box is not
necessary. However, it is clear that some labels are more consumer-friendly
than others. Foodaware believes that legislation should be more prescriptive
in terms of what is acceptable for the presentation of information,
with particular reference to the importance and legibility of colour
and font size.
The UK Institute of Grocery Distribution (IGD) has produced a series
of recommendations[4] following research
amongst relevant groups. This research indicated that it is impractical
to recommend a set formula for the layout of information on the label.
This is because different consumers find different pieces of information
important when making their product choices and because it is likely
that the priority of information changes for different types of product.
They recommend that different sets of information should be made distinctive
on the pack by boxing specific data and using headings.
They also make a number of recommendations to increase legibility
and these are as follows: colours should clearly contrast and the
use of red and green be avoided; a minimum print size of 6 point with
a minimum of 12 point for warnings should be used; the font “sans
serif” should be used for small print; and diagrams should be
used for cooking instructions.
The Co-op brand has taken the view that there is a limited amount
of key information that must be presented clearly and legibly to the
consumer on the ‘selling face’ of the product. They have
used the term ‘selling face’ as opposed to the prescribed
legal requirement of ‘field of vision’ because they believe
that such information should be presented directly to the consumer
at the time of purchase. In addition they have also set a minimum
ratio for the relative size of the marketing name and the product
description and a minimum print size overall.
- Foodaware recommends the use of a more prescriptive approach
to the presentation of label information based on IGD and Co-operative
brand guidelines.
Subsidiary information and its presentation
There is a question mark over what constitutes subsidiary information,
i.e. non-essential but useful information. Some consumers see all
information as essential, otherwise it shouldn’t be on the label,
and others feel that some information is not so important or may only
be relevant to a minority of consumers and therefore should be given
lower priority.
The food industry is favouring methods other than the label for providing
what it sees as non-essential information. Such methods could encompass
customer help lines, websites, leaflets, or the use of a bar code
and in-store technology.
Foodaware believes that there is no substitute for the label for giving
essential information. However for subsidiary information, such as
country of origin, which may only be relevant to some consumers the
use of alternative methods could be helpful. This would reduce the
impact of label overload. An example could be an indication that the
product is suitable for vegetarians. If the consumer then wanted more
detailed information about the ingredients they could contact the
manufacturer, for instance by ringing a helpline. However the methods
used to provide this additional information must be accessible by
all consumers; this is not the case with current Internet technology.
Use of symbols
Symbols could play a useful role in drawing attention to certain aspects
of a product, from alerting allergy sufferers to the presence of a
potential allergen to informing vegetarians of the fact that a product
is suitable to their requirements. There are many symbols currently
in use, some for the same type of claim or information so there is
also great scope for consumers to be confused. Symbols should be standardised
for a particular topic to avoid confusion. They are only useful as
long as people are aware of what they mean and the claim/information/standard
represented by the symbol can be substantiated. Symbols may need to
be accompanied by wording and/or leaflets to inform consumers about
their meaning.
Foodaware believes that standardised symbols can be a useful means
of conveying information about a product but should be used with
caution. Symbols should always be backed up by explanatory wording
or leaflets.
May 2003
1 Co-operative Wholesale Society, Code
of Practice for Labelling Prepacked Foods, (1998)
2 RDA: Recommended Daily Allowances
3 Food Labels - the hidden truth, Consumers'
Association, 2003
4 Institute of Grocery Distribution
(IGD), Packaging Legibility, Recommendations for Improvements (Revised
2003)
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