Practical implications of current developments

David Young, Partner4 October 2012

Food labelling and advertising

EU Food Information Regulation

• The Food Information for Consumers Regulation (FIR) – follows an EU-wide review of food and

nutrition labelling legislation– brings EU rules on general and nutrition

labelling together into a single regulation

The Food Information Regulation

• minimum font size for mandatory information

• nutrition labelling

• mandatory information on allergens

• extension of rules for origin of food labelling

• food authenticity

• distance selling

• alcohol

What is changing?

Requirements for mandatory information

• the name of the food• the list of ingredients (extended)• allergens / intolerances from a prescribed

list (eg wheat, eggs, mustard, milk etc).• quantity of certain ingredients• the net quantity of the food• date of minimum durability or use by date• any special storage conditions / conditions of

use

What is mandatory information?

Mandatory information

• name / business name and address of the food business operator

• country of origin / provenance• instructions for use• the actual alcoholic strength by volume

(beverages containing more than 1.2%)• a nutrition declaration

Requirements for mandatory information

Requirements for mandatory information

• mandatory food information requirements

• same field of vision requirements

Article 13

Requirements for mandatory information

• minimum font size

• exemptions

Presentation

New information to be given with the name of the food

• existing requirements remain

• new requirements

Mandatory nutrition labelling

• ‘back of pack' information

• nutrition declaration

• format

Requirements

Nutrition labelling

• front of pack - options

• loose food

• Guideline Daily Amounts (GDAs)

Country of origin/place of provenance

• when mandatory

• extension of rules

• country of origin/primary ingredient

• implementing rules to be produced within two years after Regulation comes into force.

Requirements

Country of origin/place of provenance

• country of origin labelling could be extended

• European Commission to complete impact assessment

Possible future changes

Allergens

– any ingredient or processing aid specifically listed in the Regulation (eg wheat, eggs, fish, milk etc)

– typeset should clearly distinguish the wording and be set out in the list of ingredients

– not required where the name of the food clearly refers to the substance or product concerned

Mandatory requirements

Food authenticity

– non-ingredient claims

– ingredient substitution

– added water and protein on meat andfish products

Requirements

Timetable

• labelling requirements

• nutrition labelling

• EU and/or national guidance?

• implementing legislation in UK

• impact and practical considerations

Issues

• supply of raw materials• cost and practicality of changing labelling and

packaging• consumer benefit• business benefit• enforcement

Front of pack nutrition labelling

• consultation on front of pack nutrition labelling ended August 2012.

• how to bring more consistency and clarity to the FoP information

presented across the UK

• how to maintain and extend the use of front of pack labelling across the widest possible range of food and drink products

• how to achieve the greatest possible consistency in the content and presentation of front of pack nutrition labelling, in a form which is clearest and most useful to consumers

UK FOP nutrition labelling format

• value

• consistency

Additional forms of expression

• expressing nutrition information in different ways• requirements

– based on sound and scientifically valid consumer research– facilitate consumer understanding

• Government can recommend one or more AFE• Member States to monitor the use of AFE • Commission will report by end 2017

Nutrition labelling issues

• as sold or as consumed?• energy or energy + 4• per 100g or per portion ( portion size)• GDAs?• AFEs?• position on pack• logos and Europe• FIR and ‘pings’

Client experience

• generally “in the field”• Article 30• nothing requiring that the FOP must be a repeat

of the method of expression used on the back 

Next steps

• what to look out for in the up coming months...

• consultation summary published

• Government announces next steps

Nutrition and health claims

• December 2006 - EU adopted Regulation 1924/2006 • harmonised EU-wide rules for the use of health or

nutritional claims on foodstuffs based on nutrient profiles • nutrient profiles• key objective of the Regulation - any claim made on a food

label in the EU is clear and substantiated by scientific evidence

The role of the European Food Safety Authority (EFSA)

• EFSA role

• guidance on how to submit claims

Nutrition v health claims

• increasing number of foods sold in the EU bear nutrition and health claims

• what is a nutrition claim?

• what is a health claim?

EFSA list of approved health claims

• Commission Regulation (EU) No 432/2012

• claims lists on the EU register:

Botanical health claims

• botanical health claims – what are they?

• the food/medicine borderline

• “traditional use” and surrounding issues

Discussion paper

• Commission sought Member States’ views in August 2012

• working group meeting to be held in September (date unconfirmed)

The consultation process

What you need to know

• 6 month transition period • ALL stock on the shelf must comply by the 14th

December 2012?• UK Department of Health will issue guidance

Trends in the field

• retailers already refusing to accept non-compliant stock

• retailers passing liability to manufacturers if they provide stock not compliant with the claims after August 2012

Looking ahead

• anticipate future changes to the approved claims

• certain claims require further assessment

• claims that refer to a botanical substance

• 6 month transition period likely to apply to any further changes

Any Questions?