Farmer's Weekly (South Africa)
Food producers warned of the potential impact of proposed legislation on labelling
The draft regulations on the labelling and advertising of foodstuffs have been published for comment. Should these regulations be adopted, the marketing of foodstuffs may become substantially more complicated.
On 14 April, the draft regulations relating to the labelling and advertising of foodstuffs were published for public comment. These proposed regulations could have a significant impact on industries and businesses that are concerned with, or involved in, the packaging of foodstuffs, including the primary and secondary agriculture industries, according to Rachael Lee, an associate in the Trade Mark Litigation Department at law firm Adams & Adams.
The draft regulations prohibit any person from manufacturing, importing, selling, donating, or offering for sale any pre-packaged foodstuff, unless the foodstuff container or the bulk stock, from which it is sold or taken, is labelled according to the regulations as outlined in the draft.
A notable development in the draft regulations is the introduction of mandatory warning labels known as ‘front of pack labelling’ (FOPL).
Pre-packaged foodstuffs that contain added saturated fat, sugar or sodium above a certain threshold (the values of which are stipulated in the draft regulations) will be required to bear a mandatory black and white warning label on the front of the package. Mandatory warning labels could thus include warnings such as ‘high in sugar’, ‘high in salt’ or ‘high in saturated fat’.
“Most notably, the mandatory warning labels would be applicable to all pre-packaged foodstuffs containing added artificial sweeteners in any amount whatsoever,” Lee said.
“Furthermore, should a pre-packaged foodstuff be required to bear the FOPL, the draft regulations are extremely specific regarding where the FOPL is to be placed on the package. They stipulate that the FOPL logos are to be displayed on the front of pack or main panel of the container’s label, and anchored to the top right-hand corner of the label. They also state that the FOPL logos must be prominently visible to a consumer when the product is displayed and may not be obscured, removed, or damaged.”
Lee further explained that the size of the FOPL could vary according to the size of the front of the package and the number of symbols required to be displayed in the FOPL. “However, [as it is now], it appears that the FOPL may be required to cover as much as 25% of the front of the package.”
Lee added that should the draft regulations be adopted and become law, there could be far-reaching consequences for those involved in, or related to, the food packaging industry in South Africa.
She said the packaging of a product is engineered to entice consumers, positively, by grabbing their attention, whilst also differentiating the product from competing products. However, the draft regulations would certainly attract attention to products, for other glaring reasons.
“It is not only the packaging of prepackaged foodstuffs that will be affected by the introduction of these mandatory warning labels, but the adverts too. In terms of the draft regulations, any advertising depicting products that carry the FOPL must include the relevant logos of the FOPL as well.”
These advertisements are then required to bear a warning in capital letters, which is at least one-eighth of the total size or length of the advert. “In addition to this, the draft regulations prohibit the package, label or advert of foods carrying the FOPL from depicting or containing reference to any celebrities, sport stars, cartoon-type characters, puppets, or computer animations.”
Lee added that the draft regulations were not yet law, and that until such time, persons concerned with the labelling and advertising of foodstuffs needed to continue to be guided by the R146 regulations, which did not currently provide for the mandatory warning labels known as FOPL.
“Nevertheless, manufacturers, importers, sellers, donators, or retailers of pre-packaged foodstuffs are encouraged to consider whether their foodstuffs would be required to bear the mandatory warning labels, in terms of the draft regulations, so that they are not blindsided by the possible impact, should such draft regulations come into force in the near future,” she said. –
FRONT-OF-PACK LOGOS MUST BE PROMINENTLY VISIBLE TO A CONSUMER