6 replies to this topic

[jmark]

Marketing department wants to cut costs on packaging and use a pouch that would have labeling for two similar agricultural products on the same package, with the statement of identity for one product on one side, and the statement of identity for the other on the backside and use this pouch to pack either product within; is this permissible in the US?

 

For reference the products in question are raw winter truffles and raw summer truffles that will be sold at retail. When one is in stock, the other isn't, so there isn't a chance of packing both and confusing them with each other. I'm thinking a better option would be to switch to a generic name that would encompass both: "Seasonal Truffles, Winter or Summer Truffle". Any insight on this would be appreciated.

[kingstudruler1]

Having one package with two statments of identity is a pretty bad idea.   I would not do that.   I think it could be confusing (I cant envision how you are planning on doing this with out it being confusing) to the consumer and thus not allowed.      

 

Is "truffels" not the common name regaurdless of season or variety?   (Legit question, im not sure).    

 

I dont know how your bussiness / operates. However, I would think that you would want them to be separate items / UPC/gtin for each.  Arent winter truffels a premium product with premium pricing?

 

If you are going to distinguish between winter/summer/species, I think you need to be very careful as im guessing you could find yourself in a food fraud situation.    

[SQFconsultant]

I agree with the King!

 

and will add that my spouse buys a coconut milk by So Delicious in the store - the problem is that the company co labels the Tetra carton with an Organic Pumpkin Soup on the other side - several times now she has bought it thinking she was buying the one she wanted only to find it was something else.

 

So we decided that it must be marketing at the company that came up with this stupid idea and based on this (what appears to be) we now buy a different brand for coconut milk and pumpkin soup - they lost us on both. 

[jfrey123]

Having one package with two statments of identity is a pretty bad idea.   I would not do that.   I think it could be confusing (I cant envision how you are planning on doing this with out it being confusing) to the consumer and thus not allowed.      

 

Is "truffels" not the common name regaurdless of season or variety?   (Legit question, im not sure).    

 

I dont know how your bussiness / operates. However, I would think that you would want them to be separate items / UPC/gtin for each.  Arent winter truffels a premium product with premium pricing?

 

If you are going to distinguish between winter/summer/species, I think you need to be very careful as im guessing you could find yourself in a food fraud situation.    

 

Pretty much what I was thinking verbatim yesterday, but I assumed I had to be missing something.  Food fraud would likely be on the table if indeed there is a premium difference between the two varieties, and relying on stores to face the correct label to a consumer is a weak defense.

 

To the OP, I can't imagine the cost is all that different between having your packaging company run one two sets of pouches with different labeling info.  More inventory, sure, but this is why marketing, specifically labeling, requires QA review.  They're leading you down the road to crime.

[ChristinaK]

and will add that my spouse buys a coconut milk by So Delicious in the store - the problem is that the company co labels the Tetra carton with an Organic Pumpkin Soup on the other side - several times now she has bought it thinking she was buying the one she wanted only to find it was something else.

 

Wow.  Taking into account that the FDA considers coconuts as a "tree nut" that could be a huge allergen risk.

 

I agree with King & Glenn--it is a bad idea. As a consumer, I'd be wary and would think that using multipurpose packaging like that means that the product is cheap and not worth my dime. 

 

You also have to consider a few other things:

• Will your retail customers agree with or accept this decision? 
• How are you going to ensure traceability--not only for your company, but for your retail customers who also need to maintain their own traceability? This is especially important to consider if you have customers like Walmart, who expect every one of their food suppliers to follow FSMA204 by 2026 (regardless of whether or not they supply a food on the FTL).
• Consumer confusion. Not only at the time of purchase, but in the event that your company ever issues a recall.
• FDA identity regulations. Are the summer/winter truffles the same species?
• If you're a member of the North American Truffle Growers Association, will this packaging change follow their requirements?

Edited by ChristinaK, 20 November 2024 - 04:07 PM.

[jmark]

Having one package with two statments of identity is a pretty bad idea.   I would not do that.   I think it could be confusing (I cant envision how you are planning on doing this with out it being confusing) to the consumer and thus not allowed.      

 

Is "truffels" not the common name regaurdless of season or variety?   (Legit question, im not sure).    

 

I dont know how your bussiness / operates. However, I would think that you would want them to be separate items / UPC/gtin for each.  Arent winter truffels a premium product with premium pricing?

 

If you are going to distinguish between winter/summer/species, I think you need to be very careful as im guessing you could find yourself in a food fraud situation.    

Typically truffles are marketed and sold by their species or common name and as you guessed yes, there is a significant price difference between the two. The chance of being implicated in food fraud is essentially what my concern is and what I've been communicating to the marketing director. I figured it would be a good idea to ask here and peruse for some ammunition in this debate with them.

 

 

Wow.  Taking into account that the FDA considers coconuts as a "tree nut" that could be a huge allergen risk.

 

I agree with King & Glenn--it is a bad idea. As a consumer, I'd be wary and would think that using multipurpose packaging like that means that the product is cheap and not worth my dime. 

 

You also have to consider a few other things:

• Will your retail customers agree with or accept this decision? 
• How are you going to ensure traceability--not only for your company, but for your retail customers who also need to maintain their own traceability? This is especially important to consider if you have customers like Walmart, who expect every one of their food suppliers to follow FSMA204 by 2026 (regardless of whether or not they supply a food on the FTL).
• Consumer confusion. Not only at the time of purchase, but in the event that your company ever issues a recall.
• FDA identity regulations. Are the summer/winter truffles the same species?
• If you're a member of the North American Truffle Growers Association, will this packaging change follow their requirements?

 

Searching through title 21 part 130.8, what I found was "a food does not conform to the definition and standard of identity therefor:...if it fails to contain any one or more ingredients required by such definition and standard;". I could not find any information relating to a standard of identity for truffles (or individual species), but my thought on this was that if the product was labeled as "Seasonal Truffles" it would conform to this rule as both are considered seasonal varieties. But this justification still seems weak to me and as mentioned earlier, relying on retailers (and customers) to face the product correctly in the aisle is too risky.

 

Thank you all for the replies!

[ChristinaK]

Searching through title 21 part 130.8, what I found was "a food does not conform to the definition and standard of identity therefor:...if it fails to contain any one or more ingredients required by such definition and standard;". I could not find any information relating to a standard of identity for truffles (or individual species), but my thought on this was that if the product was labeled as "Seasonal Truffles" it would conform to this rule as both are considered seasonal varieties. But this justification still seems weak to me and as mentioned earlier, relying on retailers (and customers) to face the product correctly in the aisle is too risky.

 

Fungi, including truffles, don't currently have a standard of identity defined in 21CFR. Sorry, I was referring to labeling identity, which would be in 21CFR102 Common or Usual Names for Unstandardized Foods. You may want to show the Marketing Team 102.5(b).

 

You can also provide them information on the identity information details here: 21CFR101.3. The published guidance for food labeling might have more helpful information that's easier to digest and use in your argument with Marketing.