Special – Food labels in the EU, the Court of Auditors report

Special – Food labels in the EU, the Court of Auditors report

The European Union’s (EU) food labeling regulations are designed to provide consumers with clear and comprehensive information about the products they purchase. However, a recent report from the European Court of Auditors (ECA) has uncovered significant shortcomings in the current labeling framework, leaving consumers confused and potentially misled.

EU Food Labeling Legislation

At the core of the EU’s food labeling regime are three key regulations: the Food Information to Consumers (FIC) Regulation, the Nutrition and Health Claims Regulation, and the Regulation on the Provision of Food Information to Consumers.

The FIC Regulation, introduced in 2014, mandates that food producers provide certain mandatory information on their product labels, such as the nutrition declaration, allergen labeling, and country of origin. The Nutrition and Health Claims Regulation, established in 2007, governs the use of claims like “high in fiber” or “organic” on food packaging.

While these regulations aim to empower consumers, the ECA’s report reveals that the legal framework remains incomplete, with several key topics still unaddressed by the European Commission.

EU Court of Auditors Report

The ECA’s special report, titled “Food Labeling in the EU: Consumers Can Get Lost in the Maze of Labels,” provides a comprehensive evaluation of the EU’s food labeling rules and their enforcement by member states.

Scope of the Report

The ECA’s assessment focused on two main areas: the effectiveness of the EU’s current food labeling legislation in supporting informed consumer decisions, and the adequacy of the member states’ monitoring and enforcement mechanisms.

Key Findings

The report identifies several significant gaps in the EU’s legal framework for food labeling. Despite the FIC Regulation’s implementation in 2014, the Commission has only addressed 4 out of the 11 topics it was required to act on, leaving 7 areas unaddressed. This includes issues such as legibility, labeling for vegetarians and vegans, and reference intakes for specific population groups.

The ECA also found that many food labeling practices may be in violation of the FIC Regulation’s requirement for information to be “accurate and easy to understand, and not misleading, ambiguous or confusing.” Examples include the use of uncertified claims like “fresh” or “natural,” misleading product names, and the omission of relevant information, such as a product being defrosted.

Furthermore, the report highlights the growing number of voluntary labeling schemes, logos, and claims that consumers find confusing and often misleading. The ECA cites a 2013 European Commission study that found 901 such voluntary schemes, with a third of surveyed consumers finding the labels confusing and another third considering them misleading.

Regarding enforcement, the ECA identified shortcomings in the member states’ control systems, such as backlogs in updating annual control plans, complex systems involving multiple authorities, and inconsistent oversight, with some states focusing more on origin labeling while others prioritized health and nutrition claims.

Impact of the EU Court of Auditors Report

Recommendations for Improvement

The ECA’s report provides five key recommendations to the European Commission to address the identified issues:

  1. Harmonize EU food labeling requirements: The Commission should complete its work on the 11 labeling topics outlined in the FIC Regulation and ensure a consistent approach across the EU.

  2. Improve the clarity and comprehensibility of food labels: The Commission should provide guidance to member states and food businesses on designing labels that are easy for consumers to understand.

  3. Strengthen member state control systems: The Commission should support member states in enhancing their monitoring and enforcement mechanisms, including through the use of technology and data analytics.

  4. Enhance EU-level coordination and oversight: The Commission should improve its coordination with member states and oversight of their control systems.

  5. Increase consumer awareness and education: The Commission should work with member states to improve consumers’ understanding of food labeling information.

Implications for Food Businesses

The ECA’s findings and recommendations have significant implications for food businesses operating in the EU. With the report highlighting numerous instances of potentially misleading or confusing labeling practices, companies will likely face increased scrutiny and pressure to ensure their product labeling is fully compliant with the evolving regulations.

Moreover, the push for greater harmonization of labeling requirements across the EU may necessitate changes to labeling practices, particularly for companies operating in multiple member states. Businesses will need to stay informed of the legislative developments and adapt their labeling strategies accordingly.

Future Developments in EU Food Labeling

Proposed Updates to Regulations

In response to the ECA’s report, the European Commission is expected to renew its focus on updating the existing food labeling regulations. This may include revisions to the Nutrition and Health Claims Regulation, such as the long-delayed introduction of nutrient profiling criteria to restrict claims on unhealthy products.

The Commission may also seek to expand the mandatory labeling elements, potentially addressing the gaps identified in the ECA report, such as legibility, labeling for vegetarians and vegans, and reference intakes for specific population groups.

Industry and Consumer Perspectives

The food industry will likely advocate for a balanced approach that maintains their flexibility in product marketing while also improving transparency for consumers. Conversely, consumer advocacy groups, such as foodwatch, have called for more stringent and harmonized labeling rules, including the mandatory introduction of the Nutri-Score front-of-pack nutrition label across the EU.

As the Commission navigates these competing interests, it will be crucial to find a solution that empowers consumers to make informed choices while also providing food businesses with a clear and consistent regulatory framework.

The European Court of Auditors’ report has shone a spotlight on the need for significant improvements to the EU’s food labeling system. By addressing the identified shortcomings and ensuring greater harmonization and clarity, the Commission has an opportunity to restore consumer trust and promote a healthier, more transparent food landscape across the continent.

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