- 24/10/2024
- Posted by: Iudita Sampalean
- Category: Questions and answers
Dear Dario,
I happened to observe, in a Tiger chain store, food labels 'leaflet', like the leaflets inside drug packages. These labels are glued to the back of the packages and can be consulted by removing an adhesive closure. The problem is that, once this long accordion-folded label is stretched out, it is not easy to recompose and close it. I therefore ask you if this type of label complies with current legislation.
Many thanks, Mario
The lawyer Dario Dongo, Ph.D. in international food law, answers
Dear Mario,
we had addressed this issue a few years ago, in relation to a label from the confectionery giant Mars. (1) Unfortunately, 'leaflet-style' labels continue to be observed in Tiger stores, as we ourselves found during a recent market survey on Halloween sweets (2) but also on some products (i.e. protein bars, food supplements) sold in pharmacies and parapharmacies.
1) Mandatory information on the label of pre-packaged foods
Food Information Regulation (EU) No 1169/11 – laying down the provisions to be applied to the information to be provided to final consumers and economic operators on food products – indicates the mandatory information to be provided in relation to the majority of prepackaged foods (without prejudice to the specific provisions of other applicable legislation).
The mandatory information essential to be reported on the label of most pre-packaged foods are:
a) the name of the food;
b) the list of ingredients, which is not necessary for foods with only one ingredient and which have the same
same name as the ingredient;
c) any ingredient or processing aid listed in Annex II (allergens), when still present in the finished product, even if in an altered form;
d) the quantity of certain ingredients or categories of ingredients;
e) the net quantity of the food, expressed in grams or kg;
f) the minimum durability date ('best before…') or the expiry date ('use by…');
g) special storage conditions and/or conditions of use (e.g. store away from sources of light and heat);
(h) the name or business name and address of the food business operator;
(i) the country of origin or place of provenance, where its omission may mislead the consumer;
j) instructions for use, in cases where their omission would make it difficult to use the food properly;
k) a nutritional declaration. (3)
2) Labelling and readability
«Labeling» It is defined as 'any mention, indication, trademark, trade mark, image or symbol referring to a food and appearing on any packaging, document, notice, label, band or ribbon accompanying or referring to that food'
«Readability» in turn is understood as 'the physical appearance of information, through which the information is visually accessible to the general public and which is determined by several factors, including
-the font size,
-the spacing between letters and lines,
-the thickness, the type of color, the proportion between width and height of the letters,
-the surface of the material as well as
-the significant contrast between the writing and the background'. (4)
3) Field of view of information on the label
The "field of vision" is defined by the Food Information Regulation (EU) No 1169/11 as 'all surfaces of a package that can be read from a single viewing angle'. (5)
The name of the food, the quantity and the actual alcoholic strength by volume (only for beverages containing more than 1,2% alcohol by volume). (6)
4) Accessibility and presentation of mandatory food information
'For all foods are yields available and easily accessible the related mandatory information (…). The mandatory information on pre-packaged foods appears directly on the packaging or on a label attached to it.
'Mandatory food information shall be placed in a prominent place so as to be easily visible, clearly legible and, where appropriate, indelible. It are in no way hidden, obscured, limited or separated from other written or graphic indications or other elements likely to interfere'. (7)
5) Food labels 'in the form of leaflets'?
The term 'leaflet' It is used to indicate the information leaflet that accompanies drugs. Which in turn are subject to specific rules, harmonized in the EU, also with regard to the information to be reported on the label. (8)
Food labels 'a leaflet', however:
-cannot be used to report mandatory information (see paragraph 1), where it is not 'easily accessible'. In this case, the very idea that the consumer should tamper with the packaging to check the list of ingredients of the product is completely unacceptable;
-they can instead be used to report voluntary information intended for consultation following the choice to purchase the product. Such as recipes, rather than materials relating to customer loyalty programs or prize competitions.
Cordially
Dario
Note
(1) Mars label readability, filled chocolate? Lawyer Dario Dongo answers. DO (Food and Agriculture Requirements). 26.8.17
(2) Marta Strinati. Trick or treat? Slalom among Halloween sweets. 13 compared. FT (Food Times). 10/18/24
(3) Reg. (EU) 1169/11, articles 9,10
(4) Reg. (EU) 1169/11, article 2, paragraph 2, letters j,m
(5) Reg. (EU) 1169/11, article 2, paragraph 2, letter k
(6) Reg. (EU) 1169/11, article 13.5
(7) Reg. (EU) 1169/11, articles 12,13
(8) Dir. 2001/83/EC and subsequent amendments
