THE HEALTH Ministry yesterday vowed to clamp down on foodstuff labelling that makes misleading or unproven claims. In accordance with EU directives, the Ministry has stepped up its efforts in the light of an increase in the number of products that make unfounded claims.
“It is our obligation to carry out the EU directives (on food labelling),” said Sophocles Anthousis a senior officer at the Health Ministry.
The EU directive states that, “The principle function of food labelling is to inform consumers of the properties of pre-packaged foods. The fundamental rule of the labelling of foodstuffs is that consumers should not be misled.”
A number of products have entered the market making therapeutic or medicinal claims, for instance to aid slimming or as a cure for headaches, a trend noted by the Ministry.
“These products are not necessarily dangerous, but some advertise that they possess certain (marketable) properties. These claims have to be proved, otherwise it is illegal to sell them,” said Anthousis.
According to the directive, the responsibility for proving health claims lies with the manufacturer. “The fundamental rules regarding claims are that they must not be false or misleading to the consumer. Medical claims that a food has the property of treating, preventing or curing human disease are prohibited.” Under certain conditions, the directives permit manufacturers to make some claims that their products are beneficial to health for specific groups of people, for instance for those with digestive disorders. But, all claims must be substantiated, backed up with documentation of the evidence.
“Through import inspections and surveying the market,” Ministry officers will seek out these products and challenge manufacturers to substantiate their claims. “Products must have proper labelling that list all its characteristics, so that consumers can make an informed decision,” said Anthousis.
Consumers Association spokesperson Egli Hadjipaschali said, “We regularly receive a number of complaints about labelling.” One recent concern has been regarding food labelling of genetically modified products. “The law for GMOs has been in effect since July 1, 2001, but as yet we have not seen it properly enforced,” said Hadjipaschali.
The penalties for those who fail to adhere to the law include fines and imprisonment, and become more severe for repeat offenders.
“If found guilty, the penalties (for misleading or incorrect labelling) start at £500 or three months’ imprisonment. For a second offence, the penalty rises to £1,000 and six months imprisonment and if a manufacturer commits the offence for the third time they face a year’s imprisonment and/or a £5,000 fine,” said Anthousis.
Compulsory labelling requirements include:
1. The name under which the product is sold
2. The list of ingredients
3. The quantity of certain ingredients
4. The net quantity
5. The date of minimum durability
6. Any special storage instructions or conditions of use
7. The name or business name and address of the manufacturer or packager, or of seller within the European Union
8. Place of origin of the foodstuff if its absence might mislead the consumer to a material degree
9. Instructions for use where necessary
10. Beverages with more than 1.2 per cent alcohol by volume must declare their actual alcoholic strength
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