Protein bars for athletes, rules and responsibilities. The lawyer replies Dario Dongo

Dear Dario,

I read your article on Great Italian Food Trade on the illegibility of the mandatory information on some protein bars for athletes. I submit another one, attached photos, with a request for comments.

thank you

Claudio


 

Dear Claudio,
Following your report we have retrieved the labels of various ones live on the web Why Sport protein bars for athletes marketed in Italy. Easier to read but just as outlawed.

Regulation (EU) 1169/11 Although Italy still lacks a specific sanctions regime, the regulation remains applicable throughout the EU. Consumer information on food products must therefore comply with the relevant requirements whenever they are placed on the internal market.

The label under consideration deserves the immediate withdrawal and seizure, by the competent health authorities, of each item so packaged. There wording 'produced in a facility where other allergens are present' it is indeed emblematic of the absolute unsuitability of the self-control system. Besides revealing the danger of food for an indistinct plurality of consumers. (1)

Intolerable vices are added in the indication of allergenic ingredients (eg 'egg white', without specifying 'egg', repeatedly). The lack of citation of the composition of compound ingredients (eg hazelnut paste). And some puzzles, such as why glucose syrup and maltitol syrup are highlighted as being allergens.

One more violation of the rules in force, susceptible of consideration by the criminal judge, pertains to the wording 'gianduia chocolate covered'. (2) The essential elements of which appear to be missing, as reported in the specific area of ​​the ingredients list. (3)

They are then noted several infringements of the common rules:

- in the ingredients list, where the presence of unidentified 'vegetable oils' is reported. As well as ingredients whose denomination is lacking, as identified with registered trademarks that have no meaning for the average consumer, (4)

- in the nutrition declaration, built according to an obsolete scheme, not compliant with that provided for by reg. EU 1169/11.

It remains to ask who is the operator responsible for the aforementioned violations. In the absence of information on the identity of the manufacturer and on the location of the plant, it seems that one should contact the distributor to obtain the necessary clarifications.

Dario Dongo

Note

(1) Also significant, in its dangerous uncertainty, the warning 'do not consume in case of food allergies and / or intolerances'. What allergies and / or intolerances?
(2)
The use of the sales denomination 'gianduia hazelnut chocolate' or similar is subject to specific legal constraints. Having to refer to a product obtained from:

- chocolate with a minimum total cocoa dry matter content of 32% and defatted dry cocoa content of 8%,
- finely ground hazelnuts, in a proportion between 20 and 40% of the finished product.

Can be added:

- milk and / or milk dry matter obtained by evaporation, in such a proportion that the finished product does not contain more than 5% milk dry matter,
- almonds, hazelnuts and other varieties of nuts, whole or in pieces. Provided that their weight, added to that of ground hazelnuts, does not exceed 60% of the total weight of the product.
See Legislative Decree 178/03, Annex I
(3) Without prejudice to the hypothesis, which cannot be verified, of a different location in the ingredients list of the components that qualify gianduia chocolate
(4) The naming of food and ingredients, remember, must be the legal one instead. Where this is missing, it must refer to the usual denomination. Or in the alternative, to the descriptive one



Translate »