FOOD LABELLING CASES HIGHLIGHT DIFFICULTIES FACING MANUFACTURERS
Two recent cases involving UK food companies once again highlight the wider problems and difficulties of labelling facing food manufacturers, according to experts at law firm Pinsent Masons.
In the last two weeks, there have been calls for lemonade brand Fentimans to be banned in the US for containing trace amounts of alcohol, while sandwich chain Pret a Manger has come under fire for not reporting the origins of the chicken and fish used in certain products.
Commenting on the stories, food regulation lawyer Pauline Munro said, “These sorts of cases, where labelling is being questioned, are becoming more and more common as consumers take a closer look at what’s contained in products. But Manufacturers face real difficulties when deciding how to label food products and what information to include – they have to abide by regulations, but they have to balance this with the need to brand, advertise and market their products using what little space is available to them on packaging and in-store displays.
“In the instance with Fentimans, the level of alcohol in the product was minimal, yet it was said by campaign groups in the US that it was passing itself off as ‘imitation liquor’, meaning it may end up being reclassified as an alcoholic beverage only available to those over 21. Meanwhile, Pret a Manger, who have admitted fish and chicken in some products was frozen and shipped from abroad, have come under fire from consumers who feel they’ve been mislead over the company’s ‘just made’ advertising tag-line.
“In both instances, neither company has done wrong by the letter of the law, but the spirit of food labelling is increasingly coming to the fore as consumers demand more transparency from manufacturers. These cases go to show that manufacturers need to ensure they are not only complying with the law on food labelling but also highlight the importance of making sure consumers are aware of what they are purchasing; getting it wrong can not only lead to prosecution, but also severe commercial damage. Fentimans has been able to shrug off much of the publicity around the story, and has even seen an increase in inquiries from consumers as a result, but Pret a Manger’s PR has not been so good. Until there is more guidance from regulators and collaboration between various parts of the industry on food labelling, we’re bound to see more stories like this in the future.”
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