- 26/02/2022
- Posted by: Dario Dongo
- Category: Questions and answers
Dear Dario good morning,
our company would like to include, in the labeling and advertising of some innovative foods "plant based", One or more claim comparative. Starting from that "at a reduced rate of salt* ” or “with reduced salt content* "," (*) compared to the average of the best-selling branded products on the national market (...) ".
There are currently only three products on the market that look like ours. Do you think it is correct to base i claim comparative on the nutrition declaration on the label of these three products? In the example cited, we can then calculate the mean and base the claim that our product contains 25% less salt than this average?
Many thanks
Gaetano
The lawyer Dario Dongo, Ph.D. in European food law, answers
Dear Gaetano good morning,
the approach proposed by you is consistent, in principle, with the discipline of claim nutritional comparative established in Nutrition and Health Claims Regulation (EC regulation 1924/06 and subsequent amendments, article 9. With specific regard to salt, note 1).
However, it is appropriate to deepen the analysis of the proposed case, under the various profiles that pertain to the application of the NHC regulation, also in light of the interpretations offered by the Antitrust Authority (AGCM, so-called Antitrust).
1) claim comparative
I claim comparative of a nutritional nature, it should be remembered that they must be compared with the nutritional profiles of the average of the best-selling food products on the reference market within the same food category. (2)
It is strictly forbiddenconversely, making comparisons with the own previous recipe', or with other products made by the same food business operator.
1.1) Same category of food
The concept di 'same category of food' to which the nutritional comparison must be referred - according to the provisions of the Federalimentare Guidelines for the application of Regulation (EC) no. 1924/06 and subsequent ones regarding Nutrition & Health Claims (of which I was the author, also collecting the formal approval of the then DG Silvio Borrello, DGISAN, min. Sal.) - includes food products that share three elements:
1) type of product (e.g. mortadella, fresh cheese, citizen vegetable),
2) consumption occasion (e.g. dish, snack),
3) raw materials (albeit by categories, eg cereals, legumes, meat of an animal species) and, where appropriate, processing processes (which distinguish, for example, a fresh cheese from a mature one).
1.2) Interpretations in other EU countries
At European level, as in other Member States (or former Member States, eg UK, see guidelines on Nutrition and Health Claims by Food Standards Agency), the concept of 'same category'of food products subject to comparison for the purpose of claim comparatives is essentially limited to the consumption occasion. And in any case it is advisable to check the interpretations in force in each country.
In all cases, the comparison refers to the national market where the product is distributed. From this point of view, in perspective - and with a view to optimizing the costs of market analysis at the level of individual countries - the adoption of the NutriScore it will facilitate the evidence of a nutritional profile that is better than others, even if only for the reduction of salt (intended as sodium-equivalent).
2) Product type, trade name and sales name
In the present case, since it is an innovative product and not very widespread on the national market, it is also important to verify the existence of products similar to it, regardless of the commercial name used. The commercial name, it should be remembered, has little or nothing to do with the name of the food. (3)
The 'type of food' it can therefore be identified, for example, as a product 'plant based'ready for consumption, with or without the need for further preparations (eg cooking). Also having regard to its consumption occasion (e.g. breakfast, snack, dish) and, where possible, the raw materials used (eg cereals, legumes, vegetables) and the 'nutritional category'. (4)
3) Comparative analysis
Comparative analysis it must also consider products that may fall into the same type, if present on the national market (GDO and specialized distribution, eg Natura Sí). Having regard not only to IDM (Brand Industry) references but also to MDD (Distributor's Brand, cd private labels. See note 5).
On this basis, it is possible to carry out a comparative analysis of the values indicated in the nutritional declarations on the label of the identified products and calculate the relative averages. The claim comparative 'less salt'or similar to the occurrence of the condition'-25% compared to the average of the best-selling products of the same category in (eg Italy). Source (eg Nielsen, Symphony IRI ')'.
4) Methods of communication
On the label and advertising of food, i claim comparatives must be communicated in a clear and exhaustive, unambiguous way. Making express reference - in the same field of vision where the claim comparative, albeit through reference with an asterisk to another area of the same visual space - at the end of comparison and the source of the data.
The detail of the analysis, by displaying the names of the best-selling food products and their nutritional values, their average and comparison, must be illustrated on a page website to which to make an express reference (always in the same field of vision, on the label and / or advertising where i claim comparatives are shown). The market analysis must be updated periodically, on an annual basis.
for further on rules and sanctions, reading our is recommended ebook '1169 PENALTIES - EU Reg. 1169/11. News on foods, controls and sanctions'.
Cordially
Dario
Note
(1) Dario Dongo. Little salt outlaw. GIFTS (Great Italian Food Trade). 16.9.18, https://www.greatitalianfoodtrade.it/etichette/poco-sale-fuorilegge
(2) Wholemeal egg pasta, more fiber? the lawyer Dario Dongo answers. DO (Food and Agriculture Requirements). 21.11.17/XNUMX/XNUMX, https://foodagriculturerequirements.com/archivio-notizie/domande-e-risposte/pasta-all-uovo-integrale-più-fibre-risponde-l-avvocato-dario-dongo
(3) Dario Dongo. Name of the food. GIFTS (Great Italian Food Trade). 21.8.17, https://www.greatitalianfoodtrade.it/etichette/denominazione-dell-alimento
(4) Dario Dongo. Vegetarian and Vegan, identity and guarantees. A proposal. GIFTS (Great Italian Food Trade). June 18, 2017, https://www.greatitalianfoodtrade.it/consum-attori/vegetariano-e-vegano-identità-e-garanzie-una-proposta
(5) Comparative claims, PL question, replies the lawyer Dario Dongo. DO (Food and Agriculture Requirements). 19.11.17/XNUMX/XNUMX, https://foodagriculturerequirements.com/archivio-notizie/domande-e-risposte/claim-comparativi-questione-pl-risponde-l-avvocato-dario-dongo
