New EU labelling requirements will shortly make it easier for consumers to determine the actual ingredients that can be found in the “fruit juices” which they purchase. On the other hand, in line with these new EU rules, fruit juice manufacturers must now ensure that any names and claims used on the packaging are such as not to mislead the public.
In future, fruit juices will by definition not contain any added sugars or sweeteners- Mariosa Vella Cardona
The composition of fruit juices, their reserved names, their manufacturing characteristics and their labelling are already subject to specific EU rules, which date back to 2001. The European Parliament’s recent approval, by an overwhelming majority, of proposed amendments to the current EU law, will in the near future translate into significant enhancements to the protection already being given to consumers.
A manufacturer who places on the market a product containing a mix of two juices must now ensure that the product carries an appropriate label which reflects such a mix. Currently, it is permissible for the manufacturer of a product which contains a mixture of 80 per cent cranberries and 20 per cent blackberries to label such a product as simply “Blackberry Juice”, even though the blackberry content is the minority ingredient! This will no longer be allowed.
Such a product would have to be appropriately labelled as “Cranberry and Blackberry juice”. It will be permissible for manufacturers to use a generic name like “Mixed Juice” on their products if the product in question contains three or more fruit sources. Another important development relates to the now obligatory clear indication of whether the product in question is actually a “juice” or a “nectar” as well as of the presence of any sweeteners in the said product. In future, fruit juices will by definition not contain any added sugars or sweeteners.
“Nectars”, made from fruit purée with added water, may still contain added sugar or sweeteners. In order to avoid any potential confusion on the part of the purchaser, “No added sugar” labels will not be allowed on nectars containing artificial sweeteners, such as saccharin.
The new rules will also have an impact on EU imports of fruit juices from third countries such as Brazil and the US. In accordance with international standards, many products sold as “orange juice” in these countries may contain up to 10 per cent mandarin juice, which contributes to colour and taste.
In order to maintain a level playing field, the new rules clarify that all imported and EU orange juice will need to be pure to be sold as such, or otherwise must include mandarin in the product name, if such an ingredient is present.
Once the new law enters into force, any products placed on the market or labelled before then, may still be sold for up to three years later. Member states will also have 18 months to transpose the new rules into national law.
Faced with an ever-increasing choice of products, these new rules will enable consumers to make informed decisions and choices when purchasing fruit juices.
Manufacturers of such products will also appreciate that these rules will ensure a level playing field for all and sundry and annihilate competition from those traders who seek to reap profits by misleading their consumers.
I would like to take this opportunity to wish all my readers a prosperous New Year 2012!
mariosa@vellacardona.com
Dr Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is the deputy chairman of the Malta Competition and Consumer Affairs Authority as well as a member of the National Commission for the Promotion of Equality.