Genetically Modified Foods

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Misleading descriptions

The EU Regulation has, as a fundamental principle, a requirement that a label 'shall not be misleading' (Article 7). Interpretation of this requirement will take into account all aspects of the presentation of the product including the use of words on the label.

Under previous UK Regulations, certain specific things were defined as being misleading. These no longer exist but some have been replaced by guidance which is designed to establish a basis upon which the concept of 'misleading' can be judged. Whilst failure to comply with the guidance is not automatically an offence, courts might consider a failure to follow as being potentially misleading to consumers.

On this page details are given of the guidance for these particular products:

• Ice cream
• Cheese
• Cream
• Low alcohol drinks

Guidance has been issued by the Ice Cream Alliance (ICA) which replicates the previous restriction on the use of the descriptions 'ice cream' and 'dairy ice cream'. In addition, there are suggested restrictions on the use of the descriptions 'milk ice', 'ice lolly' or 'water ice', 'fruit ice lolly' or 'fruit lolly' and 'sorbet'. For the specifications provided by the ICA, see: Ice Cream Compositional Requirements.

Cheese

Certain names of cheese varieties have been subject to regulation in the UK for many years. However, from December 2018, the legal provisions were revoked. In their place there is now a 'Code of Practice on Compositional Standards for UK Named Variety Cheeses' published by the Provision Trade Federation.

The Code provides detailed provisions for the following types of named cheese:

• Cheddar
• Double Gloucester
• Derby
• Cheshire
• Caerphilly
• Lancashire
• Wensleydale
• Leicester

Notes:

• The term “cheese” is protected by EU legislation - Regulation (EU) 1308/2013 - and can only be used for products derived exclusively from milk, on the understanding that substances necessary for their manufacture may be added provided that those substances are not used for the purpose of replacing, in whole or in part, any milk constituent. According to the Code, all the cheeses described in it can be manufactured with milk from cows, goats or sheep.
• The Code includes a definition of 'cheese' as follows: “Cheese” means the fresh or matured product intended for sale for human consumption, which is obtained by the combining, by coagulation or by any technique involving coagulation, of any of the following substances, namely milk, cream, skimmed milk, partly skimmed milk, concentrated skimmed milk, reconstituted dried milk, butter milk, materials obtained from milk, other ingredients necessary for the manufacture of cheese provided that those are not used for replacing, in whole or in part, any milk constituent, with or without partially draining the whey resulting from coagulation.
• The tables in the Code were developed using values included in former provisions contained in the Food Labelling Regulations 1996. As such, the Code states that the relevant cheese names listed in the provisions (when unqualified) are to be treated as customary names.

For a copy of the full Code provided by the Provision Trade Federation, see: Code of Practice on Compositional Standards for UK Named Variety Cheeses.

Cream:

Certain types of cream have been subject to regulation in the UK for many years. However, from December 2018, the legal provisions were revoked. In their place there is now a 'Code of Practice on Compositional Standards for Cream Designations in the UK' published by the Provision Trade Federation.

The Code provides detailed provisions for the following types of cream:

• Clotted cream
• Double cream
• Whipping cream
• Whipped cream
• Sterilised cream
• Cream or single cream
• Sterilised half cream
• Half cream
• Sour or Soured cream
• Sweet cream
• Crème fraiche

For brief details of the requirements, see: Cream Definitions and Names. For a copy of the full Code provided by the Provision Trade Federation, see: Code of Practice on Compositional Standards for Cream Designations in the UK.

Notes:

• The term “cream” is generally protected by EU legislation - Regulation (EU) 1308/2013 - and can normally only be used for products derived exclusively from milk, on the understanding that substances necessary for their manufacture may be added provided that those substances are not used for the purpose of replacing, in whole or in part, any milk constituent.
• However, the Regulations also states: 'This provision shall not apply to the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product.'

Low alcohol drinks

Guidance has been issued by the Department of Health and Social Care on the use of 'Low alcohol descriptors'. The guidance only applies to a product marketed as an alcohol substitute drink and not soft beverages. An 'alcohol substitute drink' is defined in regulation 9 to the Soft Drinks Industry Levy Regulations 2018 - for details, see Definition of 'alcohol substitute drink'

Use of the descriptors is voluntary. If they are used, the guidance sets the suggested conditions for their use. The descriptors are:

• Low alcohol – the drink must be 1.2% alcohol by volume (abv) or below and an indication of its maximum abv should be included on the label.
• Non-alcoholic – this should not be used in conjunction with a name commonly associated with an alcoholic drink. There is an exception for non-alcoholic wine where it is derived from unfermented grape juice and is intended exclusively for communion or sacramental use. The labelling or advertising of these non-alcoholic wine should make it clear that it is exclusively for such use.
• Alcohol free – this should only be applied to a drink from which the alcohol has been extracted if it contains no more than 0.05% abv, and the products should also include the abv (or state that they contain no alcohol) on the label in order to use the descriptor.
• De-alcoholised – this term should only be applied to a drink from which the alcohol has been extracted if it contains no more than 0.5% abv and the product should also include an indication of its alcoholic strength (or state that it contains no alcohol).

The descriptors can be used with the majority of drink categories, although their use is restricted for wines and spirits and spirit mixers. These restrictions are outlined below:

• Products that are similar to wine should not be described as wine if they have reduced alcohol content. The word “wine” can only be used on a product that meets the appropriate production specification and has an alcohol content of 8% minimum, except for specific Protected Designation of Origin (PDO), where the minimum is below 8% abv. Low alcohol products may be referred to as a “wine based drink” and then can be used with the descriptors above. Source see: Paragraph 1 of Part II of Annex VII of EU Regulation 1308/2013 establishes definitions for wine sector products.
• Spirits – the descriptors cannot be currently used with spirit drinks as defined in EU 110/2008.
• Spirit mixers – the low alcohol descriptor may only be used where the alcohol in the product comes exclusively from the spirits drink product being referenced. Source see EU Regulation 110/2008 which provides rules on the definition, description, presentation, labelling and the protection of spirit drinks. The names of spirit drink categories can only be used in the presentation of drinks which meet the regulatory definition. The exception is in a list of ingredients for foodstuffs, or for compound terms and allusions provided that the alcohol originates exclusively from the spirit drink(s) referred to (Articles 2 & 4 Regulation 716/2013, Articles 9 & 10 Regulation 110/2008).

Note also:

• A descriptor, if used, should be clearly presented on the front of the label and wherever the alcohol strength may be repeated. If the drinks are dispensed on draught, the descriptors should be clear to the consumer prior to or at the point of purchase.
• It is a requirement to label the nutritional contents and ingredients for all drinks with 1.2% abv or below.

For a copy of the full DHSC Guidance (published December 2018), see: Low Alcohol Descriptors Guidance.

Novel Foods