Ivan Štefanić1,2, Edita Štefanić1, Mladen Radišić3 1 Faculty of Agrobiotechnical sciences Osijek, Vladimira Preloga 1, 31000 Osijek 2 TERA TEHNOPOLIS d.o.o., Gajev trg 6, 31000 Osijek,
[email protected] 3 University of Novi Sad, Faculty of Technical Sciences, Trg Dositeja Obradovića 6, 21101 Novi Sad, Serbia
LEGAL LOOPHOLES OF FOOD LABELLING – A POSSIBLE SOURCE OF PERSUASIVE BUT SOCIALLY IRRESPONSIBLE MARKETING Abstract: Effective and socially responsible marketing is informative and equally useful for marketers and customers. It provides all relevant information necessary for an informed purchase decision. In the same time, it may not confuse, deceive and eventually mislead the customers. A proper labelling is the key instrument for that. However, having in mind that relevant information are coming from different domains (primary agricultural production, processing and packaging materials) it is quite easy to confuse and mislead the customers. The dictionary defines the loophole as an ambiguity or inadequacy in the law (or a set of rules). In practice it is possible to use and misuse such a situation in numerous scenarios like exploiting tax loopholes or labelling loopholes. The amount of information relevant to an informed food purchase is increasing and the average consumer often cannot assess true nutritional value of the food or beverage he is about to buy since time and knowledge to study claims displayed at the packaging, ingredients list and other ‘small print’ information is often missing or contradictory. The most frequent claims related to processed food are investigated and systematized in four categories: A) food containing certain ingredients or characteristics, B) food not containing certain ingredients or characteristics, C) packaging materials, and D) Other. In the first group, most frequently used claims are: Natural; Fresh; made with ‘Real Fruit’ or ‘Contains Real Fruit Juice’; Whole Grains; and Light. The second group includes: Fat Free; Zero Trans Fats; No sugar added; Sugar free; Hormone free; Antibiotics free; GMO free; Gluten free; MSG free, and no artificial additives including preservatives. Claims related to packaging materials include possible Bisphenol content and various information about origin and recycling information. Fourth group includes several claims including origin of the food and serving sizes. Keywords: food labelling, legal framework for food labelling, food marketing
FOOD CONTAINING CERTAIN INGREDIENTS OR CHARACTERISTICS
LEGAL LOOPHOLES OF FOOD LABELLING
FOOD NOT CONTAINING CERTAIN INGREDIENTS OR CHARACTERISTICS
Natural Fresh Made with or contains Real Fruit’, Real Fruit Juice’, but also honey, cheese, meat, etc. Whole Grains / Integral Light OTHER Use of registered and unregistered trademarks similar to claims used ('NATUREL', 'FRESHONA', 'BIORELA', 'ZDRAVOLJUPCI' Use of 'trendy' claims ('paleo', 'traditional', 'superfood', 100%) and endorsements
Fat Free Zero Trans Fats No sugar added Sugar free Hormone free Antibiotics free GMO free Gluten free MSG free No artificial additives including preservatives PACKAGING
Size of the packaging (ratio of gross and net content). Possible Bisphenol content Various information about origin and recycling
PERSUASIVE BUT SOCIALLY (IR)RESPONSIBLE MARKETING EMPHASIZING THE MOST IMPORTANT INFORMATION
ADVERTIZING MORE THAN IT'S DELIVERED
TO STAND OUT: 99% WHOLE GRAIN FLOWER
TO MASK INFERIOR QUALITY: 3% BLUEBERRY JUICE
NEW DEVELOPMENT
CONCLUSION
• Use of certain claims can cause the PRIMING effect – shifting the
• •
• • • •
purchase decision making from a conscious to an unconscious level. Use of registered and unregistered trademarks similar to claims used such as 'NATUREL', 'FRESHONA', 'BIORELA', ‘ Lagano jutro’, 'ZDRAVOLJUPCI', etc.. Use of 'trendy' claims such as. 'Paleo', 'Traditional', ‘Immunity’, ‘Antioxidants’’, 'Superfood', usually with certain percentage close to100% and endorsements. Actual content of non-desirable ingredients can be hidden in a form of ‘E-numbers’ or other vague wording such as: E621, E636, hydrolyzed plant proteins, etc. Declaring that product do not contain certain ingredient even in case when this product naturally does not contain that particular ingredient.
•
MISLEADING
TO DECEIVE: 0% lavandel oil
Claims used are the biggest visual element and stands out to communicate the most important message. The most frequent claims related to processed food are investigated and systematized in four categories: A) Food containing certain ingredients or characteristics such as: Natural; Fresh; made with ‘Real Fruit’ or ‘Contains Real Fruit Juice’; Whole Grains; and Light; B) Food not containing certain ingredients or characteristics such as: Fat Free; Zero Trans Fats; No sugar added; Sugar free; Hormone free; Antibiotics free; GMO free; Gluten free; MSG free, and no artificial additives including but not limited to preservatives; C) Packaging materials: possible Bisphenol content and various information about origin and recycling information; D) Other: several claims including origin of the food and serving sizes. It is difficult to make an informed purchase decision without cross checking the claim with other information on the packaging, especially for certain groups such as less educated, adolescents and children.
Literature: Anonymous Relevant EU and Croatian legal documents Haen, D. (2018) The Paradox of E-Numbers: Ethical, Aesthetic, and Cultural Concerns in the Dutch Discourse on Food Additives. Journal of Agricultural and Environmental Ethics 27(1), 16p. Henneman, A. (2018) Sorting Food Facts and Myths - Do Foods Labeled as "Natural" Deliver on Your Expectations? University of Nebraska-Lincoln, available at https://food.unl.edu/sortingfood-facts-and-myths-do-foods-labeled-natural-deliver-your-expectations Kahl, J. et al. (2010) Organic Food Claims in Europe. Food technology 64(3), p. 38-46. Nowicki, P., Sikora T. (2012) Consumer behaviour at the food market. 18th IGWT SYMPOSIUMA, Rome, Italy Pinho Moreira, M.J. et al. (2018) Evaluation of Food Labelling Useufullness for Consumers. 8º Encontro de Formação da Ordem dos Médicos Veterinários, Lisboa, Portugal Štefanić, I. (2015) Inovativno3 poduzetništvo. Sveučilišni udžbenik, Sveučilište Josipa Jurja Strossmayera u Osijeku, TERA TEHNOPOLIS d.o.o., Osijek, 412 pp. Štefanić, I. (2018) Labelling of food products: good marketing vs legal obligation. Zbornika Veleučilišta u Rijeci, 6(1), 399-412.
