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Seeking advice on producer claims on labels


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Egas

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Posted 21 May 2020 - 03:13 PM

Good afternoon all, 

 

Apologies if I'm duplicating a topic but I couldn't find any that would help with my question.

 

Considering my premises as company A and our customer B I have the following question.  

 

We're producing for B and using their brand and name. They want the labels to state produced by B. 

 

I believe that by saying that the products are produced by B would be misleading to the consumer as they are not the manufacturer of the product, not even sure of by doing this we would be doing something illegal.

 

My advice was to have produced in the UK for B... but this was not accepted. 

 

Any help would be much appreciated. 

 

Kind regards

 

Egas 



SQFconsultant

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Posted 21 May 2020 - 03:40 PM

It could say "Distributed By" B or Packed/Produced For" B - but it can not say it was produced by B, because of the issues B and A would find themselves in due to recall, etc.

 

Years back when working as a 3rd party auditor we had a supermarket chain in the states that might have had something like 700 products private labeled by contract manufacturers - the labels were re


Edited by SQFconsultant, 21 May 2020 - 03:46 PM.

Kind regards,
Glenn Oster
 
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Egas

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Posted 21 May 2020 - 03:44 PM

Hi Glenn, 

 

Thank you very much for your reply. 

 

I did suggest to say produced for "B" or produced in the UK for "B" but they didn't accept this. They want to state that they are the producers when they're not. 



Charles.C

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Posted 21 May 2020 - 04:34 PM

Does intentional mis-labelling fall within Fraud ?


Kind Regards,

 

Charles.C


Egas

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Posted 21 May 2020 - 04:38 PM

Does intentional mis-labelling fall within Fraud ?


I believe it does and I tried to say that in a very polite way. :-)


MsMars

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Posted 21 May 2020 - 05:46 PM

I believe it does and I tried to say that in a very polite way. :-)

 

Don't be polite about it. Sad, but when these terms start getting thrown around (with code/regulation references if needed), it's amazing how fast they change their tunes.



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SQFconsultant

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Posted 21 May 2020 - 06:23 PM

I agree with MsMars, don't be polite - just tell them NO because it can result in severe monetary damages to them and to your company as well.


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Glenn Oster
 
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Egas

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Posted 21 May 2020 - 06:25 PM

I did :-)
We’re not doing it.


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zanorias

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Posted 21 May 2020 - 07:13 PM

 

 

I believe that by saying that the products are produced by B would be misleading to the consumer as they are not the manufacturer of the product, not even sure of by doing this we would be doing something illegal.

 

EC 178/2002

Article 16

Presentation

Without prejudice to more specific provisions of food law, the labelling, advertising and presentation of food or feed, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the information which is made available about them through whatever medium, shall not mislead consumers.

https://eur-lex.euro...02R0178&from=EN

 

EC 1169/2011

Article 7Fair information practices1. Food information shall not be misleading, particularly:(a) as to the characteristics of the food and, in particular, as to its nature, identity, properties, composition, quantity, dura­bility, country of origin or place of provenance, method of manufacture or production;

https://eur-lex.euro...018:0063:EN:PDF



Egas

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Posted 21 May 2020 - 07:18 PM

Zanorias

Thank you very much.

I did share that :-) however, the answer was that in that bit of the regulation it is not mentioned “manufactured by”.

We have said no anyway.

Thank you everyone for your help.


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pHruit

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Posted 21 May 2020 - 07:35 PM

There are ways to avoid the "produced for" element, if they're that fussy about it (although I don't know why they would be - an enormous proportion of brands and most retail own-label is made by someone else and quite clearly labelled in this way...), whilst still avoiding misleading the customer.

For example, the requirement of Article 9(1)(h) could easily be satisfied with one of those awful faux-friendly "why not talk to us at <address> / <Twitter> / <Faceache> etc" or similar, fully satisfying the regulatory requirement to identify the food business operator whilst avoiding telling anyone the brand owner didn't actually lovingly make it in their own kitchen ;)



Egas

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Posted 21 May 2020 - 07:38 PM

pHruit

True, but unfortunately they wanted to have stated that the product was produced bu them and did not accept the other options e.g manufactured for nor made in for..

:-)


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Edited by Egas, 21 May 2020 - 07:39 PM.


pHruit

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Posted 22 May 2020 - 07:29 AM

pHruit

True, but unfortunately they wanted to have stated that the product was produced bu them and did not accept the other options e.g manufactured for nor made in for..

:-)

Fair enough. It's fun dealing with brand owners, isn't it? :ejut:



Egas

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Posted 22 May 2020 - 07:53 AM

Yep.. especially when they have no clue about food safety regulations nor labeling regulations and believe they can have whatever they want on the labels. :-)






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