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Requirements on labelling foodstuffs when an ingredient is pictorially highlighted on a foodstuff wrapping

09/02/2014
 
Question (revised version):
What unlawful conduct is committed by a food business operator that places a foodstuff on the market and on the wrapping of this foodstuff designed for a consumer an ingredient is pictorially highlighted but the name of this highlighted ingredient and its quantity is not stated on the wrapping? 
Opinion:
State of art until 12 December 2014
Presentation of foodstuffs whose wrappings designed for consumers show a pictorially highlighted foodstuff ingredient and the name of such highlighted ingredient and its quantity is not stated on the wrappings misleads consumers in violation of the provision of Article 16 of the Regulation (EC) No. 178/2002 laying down general principles and requirements of the food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, as amended.
Justification:
Such presentation is in contradiction to the requirements of the provision of the Section 6 (1) (i) of the Act No. 110/1997 Coll., on foodstuffs and tobacco products and on amending and supplementing certain related acts, as amended by subsequent regulations, when a food business operator placing foodstuffs wrapped in production on the market, is obliged to duly label a foodstuff on a wrapping designed for consumers or for catering services establishment with information on composition of the foodstuff according to used ingredients and additives, substances designed for flavoring and food supplements in the manner set by a decree.  
This manner is laid down in Section 9 (1) (b) of the Decree No. 113/2005 Coll., on the manner of labelling foodstuffs and tobacco products, as amended by subsequent regulations, when the quantity of an ingredient in percentages of weight or volume, eventually in the form of g/100 g of a foodstuff or ml/100 ml shall be provided on the wrapping in the proximity of the name or a relevant ingredient, except for spirits, in case when an ingredient or group of ingredients is highlighted verbally, pictorially or graphically. This requirement is a transposition of Article 7 of the Directive (EC) No. 2000/13/EC, on the approximation of the legal regulations of Member States related to the labelling, presentation and related advertising of foodstuffs, as amended.  
As a consequence of non-compliance with these requirements consumers are offered a foodstuff not meeting the requirements on labelling and it is capable of misleading consumers regarding its composition.
State of art after 13 December 2014
On 13 December 2014 majority of the provisions of the Regulation (EU) No. 1169/2011 on providing information on foodstuffs to consumers, regulating indication of data on quantity of ingredients in the Article 22, shall come into force and from 13 December 2014 this Regulation shall be directly applicable in all Member States and it shall supersede the provisions of the Section 9 (1) (b) of the Decree No. 113/2005 Coll., on the method of labelling foodstuffs and tobacco products.
In accordance with the Article 22 (1) (b) of the Regulation the quantity of an ingredient or group of ingredients used during production or preparation of a foodstuff shall be indicated if the affected ingredient or group of ingredients is, on the label, highlighted verbally, pictorially or graphically. Technical rules for applying the paragraph 1 are set in the Annex VIII to the Regulation.
As a consequence of non-compliance with these requirements, consumers are offered a foodstuff not meeting the requirements on labelling and its label is misleading regarding its composition.