1. Food labelling and advertising
Practical implications of current
developments
David Young, Partner
4 October 2012

2. EU Food Information Regulation
• The Food Information for Consumers Regulation
(FIR)
– follows an EU-wide review of food and
nutrition labelling legislation
– brings EU rules on general and nutrition
labelling together into a single regulation

3. The Food Information Regulation
What is changing?
• minimum font size for • extension of rules for
mandatory origin of food labelling
information
• food authenticity
• nutrition labelling
• distance selling
• mandatory
information on • alcohol
allergens

4. Requirements for mandatory
information
What is mandatory information?
• the name of the food
• the list of ingredients (extended)
• allergens / intolerances from a prescribed
list (eg wheat, eggs, mustard, milk etc).
• quantity of certain ingredients
• the net quantity of the food
• date of minimum durability or use by date
• any special storage conditions / conditions
of use

5. Requirements for mandatory
information
Mandatory information
• name / business name and address of the food
business operator
• country of origin / provenance
• instructions for use
• the actual alcoholic strength by volume
(beverages containing more than 1.2%)
• a nutrition declaration

6. Requirements for mandatory
information
Article 13
• mandatory food information requirements
• same field of vision requirements

7. Requirements for mandatory
information
Presentation
• minimum font size
• exemptions

8. New information to be given with the name of the
food
• existing requirements remain
• new requirements

9. Mandatory nutrition labelling
Requirements
• „back of pack' information
• nutrition declaration
• format

10. Nutrition labelling
• front of pack - options
• loose food
• Guideline Daily Amounts (GDAs)

11. Country of origin/place of provenance
Requirements
• when mandatory
• extension of rules
• country of origin/primary ingredient
• implementing rules to be produced within two years after
Regulation comes into force.

12. Country of origin/place of provenance
Possible future changes
• country of origin labelling could be extended
• European Commission to complete impact
assessment

13. Allergens
Mandatory requirements
– any ingredient or processing aid specifically
listed in the Regulation (eg wheat, eggs, fish,
milk etc)
– typeset should clearly distinguish the wording
and be set out in the list of ingredients
– not required where the name of the food
clearly refers to the substance or product
concerned

14. Food authenticity
Requirements
– non-ingredient claims
– ingredient substitution
– added water and protein on meat and
fish products

15. Timetable
• labelling requirements
• nutrition labelling
• EU and/or national guidance?
• implementing legislation in UK
• impact and practical considerations

16. Issues
• supply of raw materials
• cost and practicality of changing labelling and
packaging
• consumer benefit
• business benefit
• enforcement

17. Front of pack nutrition labelling
• consultation on front of pack nutrition labelling ended August
2012.
• how to bring more consistency and clarity to the FoP information
presented across the UK
• how to maintain and extend the use of front of pack labelling
across the widest possible range of food and drink products
• how to achieve the greatest possible consistency in the content
and presentation of front of pack nutrition labelling, in a form
which is clearest and most useful to consumers

18. UK FOP nutrition labelling format
• value
• consistency

19. Additional forms of expression
• expressing nutrition information in different ways
• requirements
– based on sound and scientifically valid consumer research
– facilitate consumer understanding
• Government can recommend one or more AFE
• Member States to monitor the use of AFE
• Commission will report by end 2017

20. Nutrition labelling issues
• as sold or as consumed?
• energy or energy + 4
• per 100g or per portion ( portion size)
• GDAs?
• AFEs?
• position on pack
• logos and Europe
• FIR and „pings‟

21. Client experience
• generally “in the field”
• Article 30
• nothing requiring that the FOP must be a repeat
of the method of expression used on the back

22. Next steps
• what to look out for in the up coming months...
• consultation summary published
• Government announces next steps

23. Nutrition and health claims
• December 2006 - EU adopted Regulation 1924/2006
• harmonised EU-wide rules for the use of health or
nutritional claims on foodstuffs based on nutrient profiles
• nutrient profiles
• key objective of the Regulation - any claim made on a food
label in the EU is clear and substantiated by scientific
evidence

24. The role of the European Food Safety
Authority (EFSA)
• EFSA role
• guidance on how to submit claims

25. Nutrition v health claims
• increasing number of foods sold in the EU bear nutrition
and health claims
• what is a nutrition claim?
• what is a health claim?

26. EFSA list of approved health claims
• Commission Regulation (EU) No 432/2012
• claims lists on the EU register:

27. Botanical health claims
• botanical health claims – what are they?
• the food/medicine borderline
• “traditional use” and surrounding issues

28. Discussion paper
• Commission sought Member States‟ views in
August 2012
• working group meeting to be held in September
(date unconfirmed)

29. The consultation process

30. What you need to know
• 6 month transition period
• ALL stock on the shelf must comply by the 14th
December 2012?
• UK Department of Health will issue guidance

31. Trends in the field
• retailers already refusing to accept non-
compliant stock
• retailers passing liability to manufacturers if they
provide stock not compliant with the claims after
August 2012

32. Looking ahead
• anticipate future changes to the approved claims
• certain claims require further assessment
• claims that refer to a botanical substance
• 6 month transition period likely to apply to any
further changes

33. Any Questions?