B&M ForumPackaging and labelling

The use of the term "natural" in food labelling

Speaker:

Karin Verzijden, Attorney at Law, Axon Lawyers, The Netherlands

THE USE OF THE TERM

“NATURAL”

IN FOOD LABELLING

Vitafoods Geneva16 May 2018

Karin Verzijden www.axonlawyers.com

Agenda

• Definition of ”natural” in the EU regulatory framework

• ISO standard for “natural”

• Sector specific EU requirements

• Guidance at Member State level

4

Natural in the EU regulatory framework

Various interpretations of term “natural”

• Containing natural ingredients

• Unprocessed foods

• Organic foods

• Foods without any chemical ingredients

In fact: no harmonized concept of “natural” foods, neither in EU regulations,

nor in Codex Alimentarius.

Natural in the EU regulatory framework

General principles of food information

• In the absence of any EU harmonized concept of the term “natural” > FBO have to rely on the

general principles of food information.

Central notion in FIC Regulation: prevention of misleading. So, do not:

• attribute effects / properties to a food product it does not posses;

• suggest special characteristics that are possessed by similar foods;

• suggest the presence of a naturally present component while it has in fact been substituted.

Natural in the EU regulatory framework

Nutrition claim “natural”

• Where a food product naturally meets the conditions laid down in in the EU Claims

Regulation, “natural(ly) may be used as a prefix in the claim.

Example 1: “naturally high in protein”

Condition of use: > 20 % of the energy of the food product is naturally provided by protein.

Example 2: “naturally high in fibre”

Condition of use: a food product naturally contains at least 6 g fibre per 100 g product

ISO standard for natural

Background on ISO

• ISO is the International Organisation for Standardization, being an independent NGO having

161 members: national standards bodies (for instance TÜV in Germany and NEN in NL).

• Through its members, ISO develop voluntary, consensus-based, market relevant

International Standards supporting innovation and providing solutions to global challenges.

• NB voluntary standards do not replace national laws. The ISO standards should comply with

national laws and these take precedence over the ISO standards.

8

ISO standard for natural

• Exact name of ISO standard: Definitions & technical criteria for food ingredients to be

considered as natural - first published in December 2017: ISO / TS 19657

• B2B standard offering technical criteria to FBO’s > aims to assure level playing field and fair

business practises.

• Disclaimer: not intended to provide information to consumers about natural food ingredients -

rationale: consumer expectation vary widely around the world and from product to product.

• Out of scope: flavourings, mineral waters, bottled drinking waters.

.

ISO standard for natural

ISO / TS 19657

• Scope: food and food ingredients, including additives.

• Source material shall consist of plant, algae, fungi, animal, micro organism, mineral deposits

or sea water.

• Production processes shall be physical and/or enzymatic and/or microbiological processing.

• Alternatively, when no such production processes are available, other processes may be

used, provided that the constituting components of the food are not altered.

Sector specific requirements

Flavourings: EU Flavouring Regulation 1334/2008 (B2B and B2C)

• Products added to food not to be consumed as such but to improve or modify odour or taste > not to be

confused with flavour enhancers, covered as additives under the EU Additives Regulation 1333/2008.

• Flavouring substances: defined chemical substance having flavouring properties and natural flavouring

substances.

• Flavouring preparation: product obtained from food / other material than food by appropriate physical,

enzymatic or microbiological processes using traditional preparation processes.

Sector specific requirements

• if the term “natural” is used to describe a flavour, the flavouring components should be entirely

of a natural origin;

• In principle, the source of the flavourings should be labelled.

• > 95 % of the flavouring component should be obtained from the material referred to, e.g.

natural apple flavouring.

• < 95 % and source can still be recognized: source should be revealed + statement that other

(natural) flavouring has been added.

Sector specific requirements

Use of “natural” for compound flavours

In principle, the source of the flavouring should be labelled. Exception: source

materials referred to would not be recognised in the flavour or taste of the food.

Example: umami flavour

• Obtained from certain micro-ingredients (e.g. vitamins & minerals) in combination

with sugar and nitrogen sources as fermentation media.

• Flavour obtained after microbial fermentation process cannot be directly linked to

source materials used.

• Product can be labelled as natural flavouring preparation if the vitamins and

minerals used are of natural origin.

Member State Guidance: UK

UK FSA criteria for the use of fresh, pure and natural in food labelling

• FSA published Guidance in 2008 that is still applied in ASA decisions.

• Status: non-binding advice, promoting best practices created on the basis of

consumer understanding.

Triple function:

(1) assisting FBO’s when these descriptions should be used and when not

(2) help enforcement authorities in providing consistent labelling advice

(3) benefit consumers by making informed choices

Member State Guidance: UK

FSA criteria for “natural”

• Natural products comprise ingredients that are of a traditional nature and were produced by

nature and that are not the work of man or interfered with by man (e.g. “plain” or

“unflavoured”).

• Single foods (i.e. 1 ingredient) are natural if they are of a traditional nature and were subject

only to such processing as to render them suitable for human consumption. Examples:

baking / roasting / fermentation.

• Compound foods (> 1 ingredient) should not themselves be described as natural, but it is

acceptable to state: “made from natural ingredients” if all ingredients meet the standard for

natural single foods.

Member State Guidance: UK

17

Advertising Standards Authority 8 March 2017

ONLY 100% natural, tasty and healthy products?

• Appy Food & Drinks marketed a fruit juice containing calcium lactate and

glucose-fructose syrup, nevertheless stating “ONLY 100% natural, tasty and

healthy products”.

• Complaint: claim “100 % natural” is misleading.

• No standards in FIC Regulation > FSA 2008 Guidance.

• The product in question is a compound food and may thus not be advertised as

natural without qualification.

• “100 % natural products” cannot be used > non-traditional enzymatic treatment

used for glucose-fructose syrup and insufficient evidence on production process

of calcium lactate to qualify as “natural”.

Member State Guidance: Germany

Current practise in Germany

No proper definition of “natural” in Germany. In order to designate a

product as “natural”:

• production steps should be “mild” and rather “kitchenlike”;

• only those additives should be present that are also permitted in

organic foodstuffs.

• Courts endorse the indication “natürlich weil…. + FBO defining its own

understanding of “natural”.

• Not endorsed: “without artificial colours” or similar clean labelling

policies. Rationale based on EU Additives Regulation 1333/2008.

Member State Guidance: France

Information note French DG Competition

• Primarily targeting enforcement authorities.

• Similar to FSA Guidance, distinguishing single and multiple ingredient products.

• Single ingredient products can be designated as “natural” if they are sold as such

(unprocessed) or subject to production processes not profoundly modifying the

product.

• If product is subject to stabilisation procedures (refrigeration, pasteurisation etc.)

> ”of natural origin” instead of ”natural”.

Member State Guidance: NL

Advertising Code Committee 15 September 2015

Alpro Pur’Enjoy without sweeteners, with sugar

• Plant-based yoghurt drink being advertised as ‘100% natural’

and ‘without sweeteners’.

• TV Commercial “naturally fresh taste’, ‘100% plant-based’, ‘no

sweeteners’ considered misleading.

• Packaging not misleading as front of pack impression should be read

jointly with list of ingredients nutrition declaration.

Member State Guidance: NL

21

Advertising Code Committee 20 March 2017

Chewing gum 100% natural?

• Chewing gum advertised as ‘100% natural’ >

claim challenged by competitor.

• Definition of natural not regulated under FIC > Advertising Code

Committee applies art. 16 EU Flavouring Regulation and the allowed

traditional food preparation processes analogously to ‘100 % natural’.

• Used ingredients of natural origin, production process not proven

natural.

• Claim held unfair and thus misleading under Dutch Advertising Code.

Conclusions

• Lack of EU harmonized concept for use of “natural” in food labelling.

• Available resources: ISO standard, sector specific regulations and guidance at

Member State level.

• Bottom line for all types of advertising: is the message conveyed understandable

for the average, reasonably circumspect consumer?

karin.verzijden@axonlawyers.com

Legal stuff• The information in this presentation is provided for information purposes

only.

• The information is not exhaustive. While every endeavour is made to ensure that the information is correct at the time of publication, the legal position may change as a result of matters including new legislative developments, new case law, local implementation variations or other developments.

• The information does not take into account the specifics of any person's position and may be wholly inappropriate for your particular circumstances.

• The information is not intended to be legal advice, cannot be relied on as legal advice and should not be a substitute for legal advice.

Packaging innovation -Designing for a sustainable future

Speaker:

Richard Coles, Director, Emagine Packaging Limited, UK

Packaging innovation – designing for a sustainable future

Vitafoods Europe - Geneva, 16th March 2018

- Richard Coles FIMMM APkgPRF

Director, Emagine Packaging Ltd. (UK)

email: rcoles001@gmail.com

Tel.: +44(0)7581 503956

A progressive B2B food and beverage packaging consultancy

– with sustainability as a core brand value –

focused on exploring new ways to deliver integrated packaging solutions that create enhanced brand experience for the user.

"The frog

does not

drink up

the pond

in which

he lives.“

Sioux proverb

Range of influences shaping food packaging innovation and design:

E-commerce/ IoT – Big Data

Science&

Technology

Sustainability/Circular Economy

Laws &

Regulations

Emerging Issues

*ConsumersIntense retail

and brand competition

Holistic design

thinking

Millennials – a key target group for retailers and brand owners

47% of Millennials recommend their favourite brands online.

47% share positive experiences and 39% negative ones.

WEF 2014 Report – Engaging Tomorrow’s Consumer

• Born between mid-1980s & 2000 (Generation Y)

• US: Millennials have surpassed baby boomers to become largest living generation at 75 million –projected to peak at 81 million in 2036.

• In Europe by 2025, Millennials will represent 47% of the workforce - up from 33% in 2015.

Great opportunities for brand communication and consumer brand engagement through packaging

Consider packaging to be a number one touchpoint in their purchasing experience.

https://www.fireflydrinks.com/

Millennials – a key target group for retailers and brand owners

http://www.huhtamaki.com/web/adtone

https://www.riverford.co.uk

https://www.graze.com/uk

Brand values need to resonate with Millennials’ values to create strong brand engagement.

Convenience/Practicality/

Value

InnovationDrivers

- Consumers

Health/Wellbeing

Indulgence/Premium

Ethical/Sustainable/Provenance

Millennials – a key target group for retailers and brand owners

Millennials – a key target group for retailers and brand owners

• Ethical/Sustainable

• Health & Wellbeing

• Authenticity

• Uniqueness

• Provenance

• Quality

• Humour/Personality

• Experiential

Packaging credentials are integral to a brand’s market performance.

Simply Ice Cream (UK) http://www.simplyicecream.co.uk/

GAEA’s (Greece) healthy natural fruit bars

http://gaea.gr/en-gb/#/snacks

US-based brand ‘Hippeas’ high fibre protein rich organic chickpea puff in distinctive yellow packs. Partnered with ‘Farm Africa’ on joint initiative: 'Food for Good'.

http://hippeas.com/

Sleek branded packaging for natural ingredient foods

Nutrition-focused quirky branded packaging

The Good Whey Company’s (Volac, Holland) ‘Upbeat’ high whey protein fruit smoothie in easy peel-off shrink- sleeve labelled 330 ml. PET bottles.

Koupe’s (Holland) artisanal ‘Feel Good’ high whey protein and high fibre ice cream in 500ml. tubs.

https://www.koupe.com/http://www.volac.com/

Nüdest Food’s spout-pouches for 160g. low-fat yoghurts with ‘all natural’ ingredients

MoMa’s oat-based breakfast smoothie in curve-shape design 250 ml. cartons

https://www.momafoods.co.uk

- 330 ml. Tetra Prisma cartons

https://www.bulletproof.com http://www.nudestfoods.com/about/

argo tea’s (US) cold-brew organic teas in 400ml. reusable glass bottles

https://www.argotea.com

Health and wellbeing focused on-the-go food & beverage packaging

http://vividmatcha.com/

Vivid Matchagreen tea

Bulletproof cold-brewcoffee

Nutrition-focused cold-pressed High Pressure Processed (HPP) on-the-gobeverage packaging

VEGESENTIALS- text and imagery highlight blend of fruit and vegetable ingredients as well as health benefitsof its HPP products in 330ml. PET bottles.

Moju’s cold-pressed

60 ml. booster shots. Processed by HPP

http://www.vegesentials.co.uk/

VEGESENTIALS‘Fresh kids-on-the-go’ range of 125 ml. PET bottleshttp://www.mojudrinks.com/

http://www.vegesentials.co.uk/

Health & wellbeing focused on-the-go easily portable food & beverage packs

Chia Co’s Chia Shotshttp://www.thechiaco.com.au/products/chia-seed

Royal T-Sticks Europe BV’s tea infusion sticks

http://www.t-stick.moonfruit.com/

http://siggisdairy.com/products/

https://www.sturdrinks.eu/

Stur’ssweet lemon tea organic powder stick

Siggi’s squeezable

organic yoghurt tubes for kids

Stur’s ‘all-natural’ fruit flavour

water booster lightly sweetened with Stevia leaf extract. Makes 30 servings.

Oumph!’s (Sweden) range of frozen naturally flavoured soy-based meat analogues

https://oumph.se/en/ http://beyondmeat.com/

‘Beyond Meat’ (US) plant-based burger patties and chicken analogue strips

Natural-look packaging for vegan plant-based meat analogues

https://duerrs.co.uk/

http://www.crowncork.com/products_services/orbit_closure.php

World’s population now has more than 1 billion people over 60 years old.

The Orbit Closure by Crown Cork Group

Need packaging that is easier to open, more convenient to use and communicates with larger and clearer print.

Inclusive Design: Packaging innovation for enhanced usability

Millennials – a key target group for retailers and brand owners

• Millennials want to consume ‘smarter’ - less packaging, less waste, more recycling - and engage with brands that help them do this.

- Nielsen Global Survey on Corporate Sustainability 2014

• Millennials are the most sustainability conscious generation interested in the environmental impact a brand has across its supply chain.

Packaging plays a crucial part in how the desired sustainable brand experience can be conveyed

In Nielsen’s 2015 global survey it was found that ‘73% of Millennials were prepared to pay more for sustainable brands.’http://www.nielsen.com/us/en/insights/reports/2015/the-sustainability-imperative.html

…so how do green consumers and environmental

issues influence the future of biobased packaging?

Laser Foods’ (Spain) Laser Mark food labelling system obviates need for stick-on paper labels.

Design for Environment – natural packaging!

http://www.laserfood.es/index.php/en/

Design for Environment – Biobased packaging

So Delicious’s recyclable plastic bottles made with sugar cane; at least 80% biobased.

Tetra Pak’s ’world-first’100% biobased drinks carton

http://sodeliciousdairyfree.com/ https://rapuk.com/modified-atmosphere-carton-food-tray/#.WuDFmdPwaqk

http://www.tetrapak.com/

Bosch and-BillerudKorsnäs‘world-first’ mono-material sealed paper bags

www.boschpackaging.com/

Design for Environment - Compostable snack packaging

Snact’s range of healthy 100% fruit jerky snacks

Next Step Food’s natural energy bar with protein and fibre rich cricket flour

http://www.yumpabar.co.uk/

http://nobo.ie/we-make/choc/

https://snact.co.uk/

Nobó’s range of

healthy plant-

based, milk style

chocolates

Design for Environment - Compostable coffee capsules

https://www.dualit.com/

Percol’s Fairtrade organic coffee in compostable biobased capsules for - first to hold EN13432 certification.

http://www.percol.co.uk/

Evoware’s (Indonesia) edible packaging made from seaweed being used to test wrap waffles in Bali.

Saltwater Brewery’s (US) ‘world first’ edible six-pack rings. Bio-based packaging made from edible wheat and barley by-products of the brewing process.

Design for Environment – edible marine biodegradable and compostablepackaging…..inspiration for circular economy

http://www.saltwaterbrewery.com/home/

http://evoware.id/

Ecological thermal insulation packaging for cold chain temperature control

Woolcool’s 100% pure wool liners with gel packs. independently proven to keep food contents below the all important 5°c for at least 24 hours and longer.

https://www.woolcool.com/food/performance/

Integration Challenge

Delivering integrated

design solutions

Analyse & Apply

Sustainability Principles

Strategic Insight

*ConsumerInsight

Market Insight

Holistic Design

Thinking

Circular Economy

Science &Technology

Insight

Supply Chain& Logistics

Insight

Tomorrow’s package has to provide a holistic experience for the user representing not only the brand but product quality and company philosophy.

https://www.amazon.co.uk

Delivering integrated

design solutions

Analyse & Apply

Sustainability Principles

Strategic Insight

*ConsumerInsight

Market Insight

Holistic Design

Thinking

Circular Economy

Science &Technology

Insight

Supply Chain& Logistics

Insight

The challenge exists to create and adopt integrated solutions

Integration Challenge

http://flirtey.com/#demo

Packaging manufacturers and material suppliers

Brands

Consumers

‘Circular Economy’ – a major driver of future packaging innovation & design

Resource management

Retailers/Channels

Resource intelligence+ AUXILIARY GROUPS

Packaging can make or break a brand.

A few words of advice…..

Optimal innovative pack solutions are highly unlikely to be delivered by pack suppliers, converters and contract packers whose business it is to sell their existing limited range of products and capabilities. In addition, they may well be already servicing competitor brands with similar offerings.

Brands should take ownership of the innovation process.

By working in partnership with creative independent packaging specialists, brands can reduce the degree of subjectivity inherent in the process through drawing on expert techno-commercial insights that are underpinned by a wealth of packaging experience.

This way, the risks involved in package design decision-making can be minimized whilst optimizing the opportunity to develop breakthrough packaging that are well aligned to the brand – thereby hitting the ‘innovation sweetspot’!

Thank you for your attention – enjoy the rest of the show!

Please feel most welcome to contact me:

Email: rcoles001@gmail.com

Tel.: +44 (0)7581 503956

Promoting Strategic Thinking on Innovation and Design

to Create Sustainable Brand Value through Packaging

Packaging can make or break a brand.

A few words of advice…..

Optimal innovative pack solutions are highly unlikely to be delivered by pack suppliers, converters and contract packers whose business it is to sell their existing limited range of products and capabilities. In addition, they may well be already servicing competitor brands with similar offerings.

Brands should take ownership of the innovation process.

By working in partnership with creative independent packaging specialists, brands can reduce the degree of subjectivity inherent in the process through drawing on expert techno-commercial insights that are underpinned by a wealth of packaging experience.

This way, the risks involved in package design decision-making can be minimized whilst optimizing the opportunity to develop breakthrough packaging that are well aligned to the brand – thereby hitting the ‘innovation sweetspot’!

How human understanding can enhance packaging design

Speaker:

Chris Peach, Head of Packaging and Design - Walnut Unlimited, UK

Part of the Unlimited Group

Confidential. For research purposes only

How human understanding can enhance packaging design.

Part of the Unlimited Group

Chris Peach, Head of Packaging & Design

chris.peach@walnutunlimited.com

@PackagingChris

On a typical weekly grocery trip a shopper potentially ignores or

rejects up to

20 products every second.

brain imaging (EEG & GSR)measures usage frustration and tactile appeal

reaction time testingmeasures emotional communication

59

5 learnings.

1 Identify your unique, ownablebrand assets.

Confidential. For research purposes only

Own a colour, a visual icon or device.

Apply it consistently across all touchpoints.

2 Use a consistent, learnable approach for successful range navigation.

3 When creating desire for your product, a picture speaks a thousand words.

Informative? Cluttered?

For those counting there are 49 words on this pack

The brain is predisposed

to disproportionately

react to high calorie

foods

Fats in motion have the

highest impact on

favourability

Orientation of the visual can affect desire.

When consumers believe

that a product has had

more effort and skill

involved in its creation

they are willing to pay

more for it.

But ensure it is grounded

in realism to be relevant

to your target audience.

4 A window to the real product trumps a visual.

5 A pack’s substrate can influence taste perceptions.

Identify your unique, ownable brand

assets.1Use a consistent, learnable approach

for successful range navigation.2When creating desire for your product,

a picture speaks a thousand words.3A window to the real product trumps a

visual.4A pack’s substrate can influence taste

perceptions.5

Enhancing packaging with neuroscience.

WalnutUnlimited.com

Part of the Unlimited Group.Confidential. For research purposes only.

B&M ForumPackaging and labelling