- 29/11/2018
- Posted by: Marta
- Categories: Questions and Answers, News
Dear Dario good morning,
the R&D of our group is working to reduce the quantity of oil in canned products, favoring extra virgin olive oil over others (refined olive, sunflower, seeds).
I have consulted your articles on claim comparative nutritional values for fat and salt and I would like to understand how we can move to highlight the reduction in the quantity of the oil ingredient, outside the scope of application of Regulation (EC) no. 1924/06 (Nutrition & Health Claims).
Many thanks
Gabriella
The lawyer Dario Dongo, Ph.D. in European food law, answers
Dear Gabriella good morning,
any kind of comparative advertising, according to general and specific rules, it must be based on the precise identification of a term of comparison. In the case that concerns us, the comparison must refer to the average of the best-selling products in the national territory, with regard to the product category of reference (regardless of the packaging formats).
Market analysis may be based on current reports from Nielsen, Symphony IRI or other research institutes. Once the best-selling references on the national market have been identified, the quantities of oil present in each of them can be checked. By examining the labels, where the quantities are indicated therein, otherwise by laboratory analysis.
The criteria adopted for the analysis comparative - market survey, examination of the identified products, elaboration of an average used as a term of comparison - must be detailed on the site website corporate. To which explicit reference must be made on the label and advertising of the product bearing claim comparative.
It should be noted that many operators highlight the presence (and thus also the quantity) of extra virgin olive oil precisely to promote the quality of the preserves made in this way compared to others where the product is immersed in oils of lower value.
Where it is intended to express the further concept of 'less extra virgin olive oil' and 'more... (product) ', as an alternative to a comparison, a message of the type'with a drizzle of extra virgin olive oil'. If the production process in turn has distinctive characteristics, it is certainly useful to describe it with a clear and transparent narrative, which the consumer will be able to appreciate. (1)
Good day
Dario
Note
(1) On the clarity and transparency of information to consumers, beyond the criteria indicated by EU Regulation 1169/11 (articles 7 and 36), it is useful to recall the review of the rulings of the AGCM (so-called Antitrust). See the article https://www.greatitalianfoodtrade.it/consum-attori/antitrust-rassegna-alimentare
