Labeling of food products – Labeling

The texts :

The labeling of food products is generally governed by the “INCO” regulation n°1169/2011. The food sector is the most regulated.

The law of the European Union is particularly present there through the regulations of direct application.

National laws can sometimes add to it if the regulation so provides, or outside the scope of the regulation, if they do not constitute the offense of obstructing Community trade.

The regulation indicates which are the mandatory information (sales name, ingredients, quantity, durability, name of the operator and indication of the batch, allergenic substances, instructions for use, nutritional declaration, origin), mandatory but specific to certain products , and optional that must respect constraints.

Among the special regulations are the following regulations:

– Nutritional or health qualities (RUE 1924/2006);

– Diets (RUE 609/2013) including infants;

– Valuing mentions and certification (French rural code);

– GMOs;

– Foodstuffs requiring special treatment: Preserves, Frozen foods, Ionizing radiation, Private label products;

– Official signs of quality and origin, with AOP, IGP, STG (RUE 1151:2012) (RUE 1308/2013 “single OCM” for viticulture), – Organic farming (RUE 834/2007), Label rouge ( rural code), involving compliance with specifications, official approvals and labeling constraints.

– Regulations by type of product including:

– Food supplements (RUE 2015/2283)(DUE 2002/46);

– Wines and spirits (RUE 110/2008);

Penalties:

for example :

2 years and 300,000 euros, and more depending on the aggravating circumstances, sometimes fines

(Consumer code, articles L454-1 and s; L132-2, R451-1, intellectual property code, penal code, public health code, etc.)

Be accompanied by a trademark lawyer