- 08/10/2017
- Posted by: Marta
- Categories: Questions and Answers, News
Eminent lawyer,
after reading your writings on "Fettine di Latte" from Inalpi and the subsequent reporting to the Institute for Advertising Self-Discipline, I saw another version of the product at Eataly, this time with Emmental cheese labeled "EU milk origin" and "Italian milk origin." This seems a bit of a contradiction, so I ask you to share your opinion when possible.
Many thanks
Giampiero
The lawyer Dario Dongo, Ph.D. in European food law, answers
Dear Giampiero good morning,
The label in question offers the opportunity to consider various aspects of consumer information. Beyond the name 'Fettine di Latte' which – as also denounced by AltroConsumo – is 'absolutely deceptive'.
Emmental cheese undoubtedly it escapes the Italian dairy tradition. In the European system for the protection of PDOs and PGIs (EU regulation no. 1151/12), registrations are recorded
Allgäuer Emmentaler PDO cheeses, (1) Emmental de Savoie PGI (2) and Emmental français est-central PGI. (3) In addition to the Emmentaler PDO made in Switzerland, still awaiting recognition in the EU. (4)
However, the quantitative indication is missing ingredient, which is mandatory when it 'is highlighted on the labeling by words, pictures or a graphic representation '. (5) The ingredient list of 'Slices of Milk' indicates only a relative quantity, as Emmental is only represented as 75% of the ingredient 'cheese'. Without, however, indicating - as is a duty - its share of the total ingredients.
'' The indication of the quantity of an ingredient or of a category of ingredients:
a) it is expressed as a percentage and corresponds to the quantity of the ingredient or ingredients at the time of their use; And
(b) it appears in the name of the food or immediately next to that name, or in the list of ingredients in connection with the ingredient or category of ingredients in question '.(EU reg. 1169/11, Annex VIII, point 3)
The position of the cheese at the top of the list of ingredients in turn induces some doubts, which only food technologists or competent authorities will be able to reveal. In fact, an inconsistency is noted with the label of the 'Slices of Milk' already examined, which report an identical quantity of 'fresh pasteurized milk' (140 g per 100 g of finished product) which in that case however appears as the first ingredient.
There is therefore a mystery on this hypothetical 'fresh pasteurized milk' which has certainly lost its original nature as a result of the concentration process, and therefore its designation as such in the ingredients list is illegal. A clue to the intensity of the transformation can perhaps be found in the reference to 140 grams rather than milliliters. Could it be powdered milk?
The indication of the origin of the milk Finally, it is plethoric, although suggestive, since it is not prescribed in the labeling of processed cheeses. And it is also useful to denounce the falsity of the boast of 'only Italian milk', on the front label. Where 'EU milk origin' is shown, on the back label, next to 'cheese'.
Once again it is heavy, the fumus committed delicti. (6)
Cordially
Dario
Note
(1) Without application for protection of the Emmentaler name. See reg. CE 123/97
(2) EU Reg. 2017/1136
(3) EU Reg. 1105/13
(4) Although its placing on the EU market under the aforementioned name, including the acronym PDO, is peacefully permitted. As it is considered unable to deceive the European consumer, in the absence of the EU PDO logo
(5) The QUID rule, Quantity of Ingredients Declaration, referred to in reg. EU 1169/11, article 22.1.a
(6) Article 515 of the Criminal Code, commercial fraud, ca va sans dire
