Shuddha logo protects vegetarians
VEGETARIANS have been somewhat ‘hoodwinked’ over the years by manufacturers of food products using generic descriptions on their packaging. Some of the common terms are ‘gelatin’, ‘colouring’, “bovine’, ‘fat’ and ‘sweetener’ .
These descriptions hid the real content of the product used – all contained meat products which would clearly make the product a no-no for vegetarians.
Over the years the South African Hindu Maha Sabha has had to struggle with manufacturers to use its vegetarian identifying logo on food products – Shuddha. The reasons have become obvious since the introduction into our Legislation of the Consumer Protection Act in 2008.
This imposes a legal obligation on a manufacturer of clearly disclosing on its packaging and label all products used in the manufacture of its foodstuffs.
The consumer will be further protected where the manufacturer is using a ‘genetically modified organism’ – the manufacturer will be obliged to clearly define the presence of this. It will happen soon .
In so far as labelling, marketing, and advertising are concerned, there is a prohibition on any and all misrepresentations to consumers, whether direct or indirect, and a supplier has the duty to correct any misunderstanding by a consumer expressed to the supplier.
Numerous examples of situations where misrepresentation is taking place are listed in the Act, and these include claiming a product is available when it is not, has a certain characteristic when it does not, and has a price advantage over other products when this is not the case.
In addition, advantage may not be taken of consumers who are unable to look after their own interests due to illiteracy, blindness, deafness, inability to understand a language or age.
This provision goes further than the prohibition on health and other claims on foodstuffs in terms of the food labelling legislation. False or questionable “wellness” claims on foodstuffs and products not regulated at present, such as food supplements and complementary medicines, will need to be substantiated by scientific evidence, or be removed from marketing, advertising and labelling, to avoid charges under the Act.
The labelling of goods is regulated under the Consumer Protection Act (CPA) 2008 and the Foodstuffs, Cosmetics and Disinfectants Act (FCDA) 1972. New provisions were drafted under the CPA and the Food Labelling Regulations, which constitute important milestones to prevent companies and marketers from misleading consumers through deceptive advertising. (Regulation relating to the labelling and advertising of foodstuffs, GN R 146 of March 1, 2010, under Section 15(1) of the FCDA).
The following are some of the recourses available to consumers who are misled by the labelling of products available at all outlets:
The CPA provides for improved access to information for consumers (section 22).
Special labelling for biotechnological products is also required in the light of the above changes
Information regarding an alleged contravention or non- compliance in terms of the consumer goods regulations (section 71 of the CPA) may be submitted to the National Consumer Commission (NCC).
A complaint can be filed to the NCC with regard to an alleged contravention or instance of non-compliance (in terms of misleading representation).
Investigation can be conducted by an inspector (directed by the commissioner).
Non-compliance with a labelling requirement may relate to an omission, a wrong or illegal label content, and result in a fine or imprisonment for a period not exceeding 12 months, or both.
The South African Hindu Maha Sabha urges all consumers to be more vigilant when buying food products which have dubious terms used on labels – the surest way of ensuring a product is vegetarian is to look for the Shuddha logo. More and more manufacturers are now seeking consent from the Sabha for the use of the logo.
The Sabha has at its disposal food technologists who carry out an inspection of the plant of the manufacturer, and lab tests on all the ingredients used, before authorising the use of the logo.
At last vegetarians have some degree of protection – although the Sabha continues to receive complaints of “suspicious products”.