Criteria For The Use of The Terms Fresh, Pure, Natural Etc in Food Labelling
Criteria For The Use of The Terms Fresh, Pure, Natural Etc in Food Labelling
CONTENTS:
INTRODUCTION Page 3
BACKGROUND Page 3
RECOMMENDED CRITERIA –
“fresh” Page 6
“natural” Page 10
“pure” Page 13
“traditional” Page 15
“original” Page 16
“authentic” Page 17
“farmhouse” Page 19
3. Our aims in producing this advice on use of these terms are to help:
BACKGROUND:
5. The Agency invited the Food Advisory Committee (FAC) to investigate the
use of a number of terms and advise how misuse might be avoided.
These terms were:
• Fresh • Original
• Natural • Authentic
• Pure • Home-made
• Traditional • Farmhouse
6. The FAC concluded1 that the basic requirements of the Food Safety Act
1990, the Trade Descriptions Act 1968 and the Food Labelling Regulations
1996 were sufficient in principle to ensure that consumers are not misled
in this area of claims.
7. However, the FAC also found that these terms were being misused in
some cases, and that there was clear room for improvement. It felt that
use had in some cases become far-removed from generally accepted
meanings and had the potential to mislead consumers, even after making
due allowance for changes to the accepted meaning and use of words
over time. The Committee made a number of recommendations, which
have been taken as the basis for this advice.
1
“FAC Review of the use of the terms Fresh, Pure, Natural etc in Food Labelling 2001” –
FSA/0334/0701.
8. This advice relates to, and should be read in conjunction with, the
provisions of
this prohibits the sale of any food that is not of the nature, substance or
quality demanded by the purchaser; and makes it an offence to
describe, present or advertise food in a way that is false or likely to
mislead the consumer
GENERAL ADVICE
10. General labelling principles are applicable to the use of all the terms
covered by this advice. As with all other aspects of claims
12. The labelling and presentation of the food as a whole should be used in
assessing whether a particular label or description is likely to be
considered misleading. Where a consumer might be misled by pictorial
representations, any potential ambiguity must be clarified by equally clear
and prominent labelling.
13. Any use of the terms covered by this advice must be capable of technical
substantiation. Where there is any doubt over the likely interpretation of
the phrase or description being used, the most likely interpretation of a
typical consumer should prevail.
15. It is not helpful to use “style” or “type” to qualify the terms covered by this
advice (eg “traditional style”).
17. The term can also be helpful when used to identify products that have not
been processed. In these cases it is important to be clear what is meant
by processing: excluding the use of chill temperatures and other controlled
atmospheres for the delayed ripening and/or extended storage of fruit and
vegetables or washing and trimming would seem unnecessarily restrictive.
18. “Fresh” is often used in a number of phrases that may have an emotive
appeal but no real meaning (eg “oven fresh”, “garden fresh”, “ocean fresh”,
“kitchen fresh”, etc).
General:
19. The use of the term “fresh” in some specific circumstances is sanctioned in
law (eg “Traditional Farmfresh Turkey” 2 , “extra fresh” eggs 3 and “fresh”
poultry4).
20. Otherwise, the term “fresh” should only be used where it has a clear
meaning. The description can help consumers differentiate between
similar products, for example:
21. The meaning of the terms “fresh” or “freshly” must be clear whenever they
are used, whether alone or qualified by other terms. The use of emotive
but basically meaningless terms like “ocean fresh”, “kitchen fresh”, “garden
fresh” etc should be avoided.
23. Packaging, storage and other supply chain processes that control
“freshness” should not be described in terms that may imply that only a
short period after harvesting or preparation has elapsed before sale if this
is not the case. For example, a food that has been vacuum packed to
retain its freshness should not be described as “freshly packed”.
24. The term “fresh” is now used generically to indicate that fruit and
vegetables have not been processed, rather than that they have been
recently harvested, and is acceptable provided it is not used in such a way
as to imply the product has been recently harvested (eg “fresh from the
farm”; “freshly picked”) if this is not the case (see paragraph 22 above).
25. The term “fresh” may be used to describe fruit and vegetables that have
been washed and/or trimmed, provided the fact they have been washed
and/or trimmed is also indicated.
26. Virtually all carcase meat is chilled to near or just below 0°C following
slaughter, principally as a hygiene measure. The term “fresh” is
traditionally used to differentiate raw meat from that which has been
(chemically) preserved. It would serve no purpose to disqualify chilled
meat from use of the term “fresh”. Use of the term “fresh” in these
circumstances is acceptable.
27. Use of the term “fresh” to describe fish that has been kept chilled on ice,
but not deep frozen, is acceptable.
28. Meat or fish that has been previously frozen but which is sold thawed
would not be considered by the average consumer to be “fresh”. The term
“fresh” should not be used in these circumstances.
Fruit juice:
29. The term “fresh” should not be used, directly or by implication, on juices
prepared by dilution of concentrates.
30. The term “freshly squeezed” should only be used to describe juice
obtained direct from the fruit (ie not prepared from concentrates) where
there has been a short time between extraction and packaging and the
“use by” date given on the product is within 2 weeks of juice extraction.
31. Where fruit juice described as “freshly squeezed” has been pasteurised,
the indication of treatment should form part of the claim, eg “freshly
squeezed pasteurised orange juice” etc.
32. Fresh pasta is traditionally considered as a short shelf life product and it is
unlikely that the term “fresh” for long shelf life products would equate with
the average consumers’ perception of the term 5.
Fresh bread:
33. Terms such as “freshly baked”, “baked in store” and “oven fresh” may
mislead consumers into believing that they are being offered products that
have been freshly produced on site from basic raw materials. Some
stores sell bread made from part-baked products that have been packed in
an inert atmosphere or frozen off-site then “baked off” at in-store bakeries.
Use of terms like “freshly baked”, “baked in store” and “oven fresh” on
these products could potentially infringe the general provisions described
in paragraph 8 above 6.
Frozen foods/ingredients:
34. The term “fresh” should only be used in relation to frozen foods if its use is
clear from the context. For example
Fresh taste:
35. The expression “fresh taste” should not be used where it could mislead the
consumer, for example by implying “freshly squeezed”, unless it is clear
from the context that the reference is to the “tanginess” of the taste or if
the appropriate criteria for “freshness” are met. The use of alternative
terms like “clean taste” and “refreshing taste” should be considered.
5
LACORS circular LAC 14 96 7: “Fresh pasta”
6
see also LACORS circular LAC 9 98 9: “Labelling and description of bread”
Chilled foods:
37. The increased sales of chilled convenience foods has led to the use of the
term “fresh” to indicate a moderate life under refrigerated conditions and to
highlight the difference from conventional long-life products. Examples
include chilled soups and sauces with the taste and texture characteristics
of less heavily processed, canned or bottled items; and fruit juice produced
directly from the fruit, perhaps pasteurised. In these cases, the products
have a short shelf life, even under chilled storage, and it is claimed that the
term is applied to indicate this fact to the consumer
38. There are more precise ways to indicate the necessary storage conditions.
The term “fresh” should not be used in this manner unless the product
complies with the appropriate criteria for its use, as set out in this advice.
Dairy products:
40. The term “natural” has been used on certain dairy products for many
years, to signify that the products are manufactured only from milk, using
only the necessary, associated fermentation cultures and are free from
other ingredients or additives, such as preservatives , flavourings, colours,
ie, they are “plain”, unflavoured products, (eg “natural” yogurt, “natural”
fromage frais, and “natural” cottage cheese). This usage is well
understood, and is therefore acceptable, providing it is clear that the term
is indicating that the flavour of the product is that derived solely from the
ingredients essential to the manufacture of the product, and that the
flavour has not been adjusted by any other means. The ingredients must
comply with the requirements in 44 and 45.
Bottled water:
41. The term “natural” may be used to describe mineral water in accordance
with the Natural Mineral Water, Spring Water and Bottled Drinking Water
Regulations 1999 7. Other product names for bottled water are “spring
water” and “bottled drinking water”.
General:
42. The term “natural” without qualification should be used only in the following
cases:
7
implementing Directives 80/777/EEC, as amended, and 80/778/EEC
44. A food that does not meet the criteria in paragraphs 42a) or 43 should not
be claimed to have a “natural” taste, flavour or colour.
8
European flavourings legislation requires flavouring manufactures and suppliers to use the terms
“natural”, “identical to nature” and “artificial” for commercial sales of their products. However,
consumers may not differentiate between the concepts of “artificial” and “identical to nature” (or
“nature-identical”) when used to describe those ingredients in relation to the final food.
47. Where the word “natural” forms part of a company name, no undue
prominence should be given to the word on any individual product unless
that product meets the requirements of these criteria.
48. Claims such as “natural goodness”, “naturally better”, or “nature’s way” are
largely meaningless and should not be used.
49. The principles set out above also apply to the use of other words or
expressions, such as “real”, “genuine”, “pure” etc with separate and
distinctive meanings of their own, when used in place of “natural” in such a
way as to imply similar benefits. Guidance on such terms and their
synonyms is offered elsewhere in these advice notes.
50. Other claims (which might be termed “negative claims”) that do not use the
term “natural” or its derivatives directly, but the effect of which is to imply
“naturalness” to the consumer, are potentially misleading and confusing.
The following should not be used:
• a claim that a food is “free from x”, if all foods in the same class or
category are free from “x”;
51. The term “pure” is mostly used on single ingredient foods (eg to indicate a
single, named variety of rice) or to highlight the quality of ingredients of a
food (eg “pure butter shortbread” to indicate the butter has not been
blended with other fats).
52. The validity of the use of the term “pure” should be determined by the
properties of the food itself, not its storage conditions.
53. The term “pure” should generally only be used in the following
circumstances.
• Fruit juice: “pure” is used only for non-sweetened fruit juice but
may be used for concentrated juice reconstituted with water.
Legislation permits the addition of sugar or citric acid to correct
sweetness and the use of ascorbic acid as an antioxidant during
processing of fruit juices. The term “pure” should not be used on
those products containing added sugar, citric acid or ascorbic acid.
9
ECJ Case C-465/98 Handel und Gewerbe Koln eV v Adolf Darbo AG
54. “Pure” should not be included in any brand or fancy names, nor in coined
or meaningless phrases, in such a way as to imply that a food that does
not meet the criteria above is pure or made from pure ingredients.
55. “Pure” meaning no more than plain or unflavoured should not be used
except where the food in question meets the criteria above.
57. Unless the term forms part of a name that has been registered under
European rules (eg “Traditional Farmfresh Turkey” 10 ), the term “traditional”
should demonstrably be used to describe a recipe, fundamental
formulation or processing method for a product that has existed for a
significant period11. The ingredients and process 12 used should have been
available, substantially unchanged, for that same period.
10
Council Regulation (EEC) No 2082/92 and Commission Regulation (EEC) No 1482/2000 on the
Certificates of Special Character for Agricultural Products and Foodstuffs
11
As a general rule, this should be taken to be of the order of 2 generations/50 years
12
The Chorleywood Bread Process has been used in bread production in the UK for nearly 40 years. It
constitutes no more than the mixing of dough under pressure/vacuum and should not obviate the ability
of bakers to call a loaf “traditional” when in other respects the loaf remains unaltered.
60. Unlike “traditional” the term “original” does not imply, necessarily, that a
product has remained unchanged for a substantial period of time. It is
used to indicate that a product was the first of its type to be placed on the
market, where the original form or flavour has remained essentially
unchanged through the passage of time and hence to differentiate it from
new additions to a range. The term is commonly used to convey “plain” or
“unflavoured” where other variants are offered (eg “original flavour crisps”)
or to indicate the first variant in a series of products.
61. The term “original” should only be used to describe a food that is made to
a formulation, the origin of which can be traced, and that has remained
essentially unchanged over time. It can similarly be used to describe a
process, provided it is the process first used in the making of the food, and
which has remained essentially unchanged over time.
63. The term “original” should not be used to convey “plain” or “unflavoured”
where other variants are offered (eg original flavour crisps), or to indicate
the first variant in a series of products, unless the product can be shown to
meet the criteria in paragraphs 61 and 62.
64. The term “authentic” has a stronger meaning than “traditional”. It may
imply either that a product has remained unchanged through the passage
of time, or that it actually originates from the area implied by its name (eg
authentic Cornish pasties) when the generic description of the product has
passed into wider usage.
66. The current, widespread use of terms such as “real”, “genuine” etc in
relation to individual food ingredients (eg “made with real fruit juice”) is
largely unjustified and tautologous. Such use may be taken to imply that
the food or its ingredients possess higher compositional quality than others
in the same class. In view of the fact that food or ingredients that are
analogue or substitute, or a flavouring, should already be clearly indicated
on the label, it is recommended that this use of these terms should be
discontinued.
67. The term “authentic” and related terms like “real” and “genuine” should
only be used in the following circumstances
68. “Authentic” and analogous terms should not otherwise be used, without
qualification, to describe either a food or an ingredient.
• made by oneself;
73. The use of terms like “country”, “farm” etc or similar visual depictions of
typical rural scenes may mislead if the food to which they are applied has
not been produced on what the average consumer would understand to be
a farm.
75. The baking industry has long used the term “farmhouse” to describe a
style of bread with a single, longitudinal split and sometimes flour dressed.
This use of the term is acceptable.
76. Where the term “farmhouse” is used in connection with foodstuffs other
than bread, it should refer to that produced on a farm. If it is not produced
on a farm but is produced to the same quality and style as that likely to be
produced on a farm, it should be described accordingly.
77. Given the vagueness of the term when used alone, its use should be
avoided in preference of other terms which may be more descriptive and
more accurate (eg “chunky vegetable soup”). When the term is used, its
meaning should be made clear either within the context of sale or by
associated wording (eg “farmhouse-made soup”).
79. The similar expression “country style” does not appear to have any
specific meaning. This phrase should not be used to describe any food or
food ingredient.
80. The address for all correspondence relating to the issues set out in this
advice is: