In the labelling, advertising, and presentation of foods (including food supplements), it is not permitted to use any wording or graphic indicating that the company holds a GMP certificate.
In its judgment of 29 May 2019, the Regional Administrative Court in Gliwice (WSA in Gliwice) dismissed a complaint filed by a food supplement manufacturer against a decision of the State County Sanitary Inspector (PWIS) ordering the company to cease using a GMP certificate logo.
Good Manufacturing Practice (GMP) is a set of standards applied in industrial manufacturing, particularly in the pharmaceutical and food sectors. The company manufacturing food supplements affixed a graphic referencing a GMP certificate to the labelling of 33 products.
The information on the challenged packaging did not indicate that the company’s GMP certificate covered the manufacture of medicinal products rather than food supplements.
The manufacturer admitted that the certificate related to medicinal products was issued for products produced in different premises and on different production lines than those used for food supplements. The inspector’s objections were that the graphic could mislead consumers by suggesting that food products not bearing such a symbol are produced without GMP principles, whereas compliance with relevant good manufacturing/hygiene standards is mandatory in every food production establishment.
The use of such voluntary food information constitutes an infringement of Article 7(2)(a) and (c) of Regulation (EU) No 1169/2011.
It also seems justified to supplement the legal basis with Article 36(2)(b) of Regulation (EU) No 1169/2011, since the information addressed to consumers may be confusing as to the characteristics of the products and their category.
A major issue in the labelling and advertising of foods—not only food supplements—is the marketing use of information relating to generally applicable mandatory standards. The inspector’s objections and the court’s ruling should not be surprising. As early as the EU 2010 guidance on voluntary certification schemes, it was stated that such schemes should not create the impression that certified products have exceptional characteristics distinguishing them from the same or similar products.
How, then, can consumers be informed of additional voluntary initiatives undertaken by a manufacturer to ensure or improve product standards and quality? We are happy to advise on such questions.
Food labelling and advertising are frequent topics of advisory projects and practical workshops delivered by IGI FOOD LAW.
Enquire about an advisory project or training: igifoodlaw@igifoodlaw.com
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