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Shuddha logo protects vegetarian­s

- Trikamjee is an attorney, religious leader and head of the SA Hindu Maha Sabha

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”.

 ??  ?? ASHWIN TRIKAMJEE
ASHWIN TRIKAMJEE

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