Multiple choice ingredients list? The lawyer Dario Dongo answers

Hi Dario,

I have just been given a fresh cheese, I am attaching a photograph. I was very perplexed by the ways in which the information on the label is indicated. What do you think about it?

Happy Holidays!

Romina

The lawyer Dario Dongo, Ph.D. in European food law, answers

Dear Romina good morning,

The label under consideration presents a serious criticality, in the part that relates to the list of ingredients. There name of the food in fact it refers to 'fresh sheep's cheese'.

The ingredients list however, it is configured in an ambiguous way. Given the presence of two different options - with sheep's milk and goat's milk, respectively - as if it were a multiple choice question. With a red mark on the first answer, confirming that sheep's cheese is made with sheep's milk (and woe betide!).

This approach first of all it is meaningless, considering that in the different hypothesis of using goat's milk (option 'b' of the multiple choice question) the label - bearing the name 'fresh sheep's cheese' - would be outlawed.

In any case, the representation on the label of different information relating to the same item of information - with 'stamping' or other sign on the one that corresponds to the single sales unit - can only be admitted to designate the headquarters of the plant. (1)

The 'highly digestible' attributemoreover, it qualifies as a health claim and therefore entails the application of the European legislation on Nutrition & Health Claims (2) To date, however, it is not authorized in the EU health claim on the digestibility of sheep cheeses. This indication cannot therefore be accepted.

The wording 'without added preservatives' in turn it is worthy of further study, since it can only be admitted when similar products with added preservatives actually exist. (3)

Cordially

Dario

Footnotes

(1) See Legislative Decree 145/17. Where the operator responsible for the labeling has several establishments, 'it is allowed to indicate all the establishments as long as the actual one is highlighted by punching or other sign'
(2) See reg. CE 1924/06, reg. EU 432/12 and subsequent amendments
(3) Otherwise incurring a violation of reg. EU 1169/11, article 7.3.1. For applicable sanctions, seearticle on the topic