This article of 1,800 words examines the degree of flexibility available to food marketers when labelling their food products in accordance with the requirements of the Australia New Zealand Food Standards Code and the Australian Consumer Law.
In Australia, regulatory compliance for food can include aspects of product safety, product composition, product labelling, efficacy and substantiation of marketing claims. Typically, a number of parties are involved along the supply chain from ingredients to contract manufacturers, quality assurance and compliance personnel, brand-owners and retailers of the final product. This article explores a number of scenarios in which different parties may be responsible for compliance, yet the contractual relationships need to consider how compliance will be best implemented.
This article, written by Jens Karsten from the Brussels-based law firm bxl-law, is an excerpt of an advanced copy of an article to be published by the global Food Lawyers Network of which FoodLegal’s Joe Lederman is a founding member. This article focuses on ‘green claims’ that may be made in relation to foods under EU law. Each European country has its own domestic enforcement regime, but this article considers the general position under EU law. For further assistance, readers can discuss particular countries’ regulatory schemes with FoodLegal.
It is strongly arguable that Australia’s mandatory Country of Origin Labelling requirements create more confusion than meaning in what was intended to be conveyed to consumers. The legal requirements create a legal conundrum in determining exactly what aspects are identifiable as made in Australia. There are many other marketing techniques that are used to convey ‘Australian-ness’. This article considers some of the legal implications for such forms of marketing.