The European Court of Auditors' Special Report No 23/2024 has identified "significant gaps" in the EU legal framework for food labelling and weaknesses in the related monitoring, reporting, control and sanctions systems.Due to these shortcomings, EU consumers are faced with confusing or misleading food labels.
In EU countries, there is a regulatory framework for food labelling, partly regulated by the EU and partly by the Member States .
There are also provisions set out in the Food Information to Consumers (FIC) Regulation 2011 , which states that information on food labels must be "accurate, clear, easy to understand and not misleading and must not be ambiguous or confusing".
There are also vertical rules that set specific requirements for raw materials.
The audit found that while the EU legal framework provides essential information on food labels, delays in updating the legal framework hinder consumers' ability to make informed choices.
In particular, seven of the 11 planned updates have not been completed , some of which were introduced as early as 2009.
These planned updates cover health claims, nutrient profiles, front-of-pack nutrition labelling , precautionary allergen labelling, readability, vegetarian and vegan foods , and reference intakes for specific population groups.
Furthermore, existing EU rules do not provide a sufficiently clear basis to avoid the constant evolution of labelling practices that may mislead consumers, such as the use of clean labels (linked to the absence of certain elements, e.g. "antibiotic-free"), non-certified qualities (e.g. "fresh", "natural"), product names (e.g. the use of "meaty" to describe meat products), omission of information (e.g. the word "defrosted"), or product sustainability claims.
Furthermore, the EU does not systematically monitor consumers' needs or their understanding of labels , which makes it difficult to determine whether consumers are adequately informed or whether their expectations are met.
However, there is evidence to suggest that consumers do not always understand labels, but awareness campaigns have not been considered a priority.
One labelling element that is particularly confusing for consumers is date labelling. Although the FIC has mandated two types of date marking: “Use by” to indicate when a food is no longer safe and “Best before” to indicate when a food will remain at optimum quality, a 2018 European Commission study identified issues that impact the usefulness of date markers for consumers: poor readability, lack of clarity on how food companies determine food dates, and poor consumer understanding of date markers.
The audit also found that the control systems in place for food labelling are weakened by the complexity of supervision in Member States and that controls are particularly weak for voluntary information.
Member State authorities are also limited in their ability to enforce regulations against online food retailers and, when they are applied, penalties are not always dissuasive, effective or proportionate.
Overall, the Report recognises that food labelling can help consumers make more informed decisions, but there are significant gaps in the EU legal framework and enforcement that cause confusion and deception for consumers.
The Report recommends that the European Commission:
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Fill gaps in the EU legal framework by completing pending regulatory updates and carrying out further work to address issues related to origin labelling and alcoholic beverages
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Improve efforts to analyze labeling practices and improve guidelines for companies
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Monitor consumer needs and take action to improve their understanding of food labels
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Encourage Member States to strengthen controls on voluntary labels by providing guidance and examples of good practice
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Improving food labelling communication by streamlining Member States' reporting requirements and improving the quality of information required for submission of issues through the online application of the Rapid Alert System for Food and Feed. (Source: https://www.food-safety.com /)