Allusions and geographical references to spirits, as well as compound terms referring to them-introduced by Reg. EU 2019/787, in labeling and advertising of other beverages and foods (1,2)-are subjected to new EU rules to mitigate the risks of possible deception.
The European Commission has intervened at the last hour to correct the course, through two delegated regulations. I reg. EU 2021/1334 and 2021/1335, O.J.E. 12.8.21, the effectiveness of which is backdated to 25.5.21, the date of application of the Basic Regulation.
Fair consumer information practices
The Food Information Regulation (reg. EU 1169/2011) makes crystal clear the prohibition of misleading consumers, in labeling and advertising, about the essential characteristics of food. (3)
‘Food information does not mislead, in particular:
(a) as to the characteristics of the food and, in particular, the nature, identity, properties, composition, quantity, shelf life, country of origin or place of provenance, method of manufacture or production’ (EU Reg. 1169/11, Art. 7.1.a).
However, the location of mandatory information on the label is left to a generic criterion that is poorly enforced and supervised. They ‘shall be affixed in a conspicuous place so as to be easily visible, clearly legible and, if necessary, indelible. They are not in any way hidden, obscured, restricted, or separated from other written or graphic indications or other elements likely to interfere‘ (EU reg. 1169/11, art. 7.1.a).
Spirit drinks. Allusions, geographical references, and compound terms
Reg. EU 2019/787 – In repealing the former reg. EC 110/08, on spirit drinks-introduced the possibility of including allusions, geographical indications and compound terms referring to them-in labels and advertisements of other foods and beverages containing them. However, without having prescribed the placement of the various spirit drink references in the same visual field as the product name.
Allusions, geographical references, and compound terms taken out of context would (also) therefore have been likely to mislead the consumer about the nature and identity of the product recalling them. Or otherwise confuse consumers with activities close to usurping industrial property rights, as observed in the historical cases of colored sambucas.
Allusions and geographical references to spirits, basic conditions
‘Allusion to the legalnames provided by one or more of the categories of spirit drinks listed in Annex I or to one or more geographical indications for spirit drinks’ is allowed under the following conditions:
A) for the generality of food and beverages, alcoholic beverages (>1.2% vol.) excluding ‘the alcohol used in the preparation of the foodstuff in question comes exclusively from the spirit drink or spirits referred to in the allusion, except for alcohol that may be contained in flavorings, colorings or other authorized ingredients used in the production of that foodstuff‘ (Art. 12.1), (4)
B) in alcoholic beverages other than spirits (e.g., cocktails, alcopops) additionally ‘the proportion of each alcoholic ingredient shall be indicated at least once in the same visual field as the allusion, according to the descending order of the quantities used‘ in relation to volume (Art. 12.2),
(C) in spirits listed in Annex I, items 33-40 (liqueurs, creams, sambuca, sloe gin, maraschino, nocino, egg and egg-based liqueurs), the condition that the term “cream” does not appear in the legal name shall be added (Article 12.3).
Allusions and geographical references, modes of expression
Allusive and geographical references to spirits, when made on spirits and spirituous beverages referred to in All. I, items 33-30:
– must not appear on the same line as the product name (Art. 12.4.a),
– must appear in characters no more than half the height of those used for the product name (Art. 12.4.b).
Reg. EU 2021/1334 supplements the above conditions by requiring that allusions in labeling and advertising of other spirits always be accompanied by the legal name of the spirit drink ‘in the same visual field as the allusion‘ (Art. 12.4.c).
Compound terms. Basic conditions
Compound terms that include a legal name for spirits or a geographical indication related to spirits-historically prohibited, prior to reg. EU 2019/787 – were legitimized under the two conditions that:
(a) the alcohol used in the spirituous beverage comes exclusively from the spirituous beverage referred to in the compound term (except alcohol contained in flavorings, colorings or other ingredients), and
(b) the spirit drink has not been diluted with water alone to reduce its alcoholic strength below the minimum required value (EU Reg. 2019/787, Art. 11).
Compound terms, modes of expression
‘Compound terms designating an alcoholic beverage:
(a) appear in uniform typeface of the same type, size and color;
(b) are not interrupted by any text or image elements that are not part of them;
(c) do not appear in characters of a larger size than those used for the name of the alcoholic beverage‘ (EU Reg. 2019/787, Art. 11.1).
The words “alcohol,” “spirit,” “drink,” “spirit drink,” and “water” cannot be included in a compound term designating an alcoholic beverage (e.g.
alcopops
. Outside the legal designations in Article 10. See Art. 11.2).
Compound terms, updates
As a result of the supplement provided by reg. EU 2021/1335, each word composing thecompound terms(compound terms) must appear in the same field of view. Outside the sole case where the legal name of the spirit drink is replaced by a compound term that includes the term “liqueur” or “cream,” if the final product meets the requirements of liqueur (category 33 in Annex I to EU Reg. 2019/787).
Where the term compound is used on a spirit drink, it must also come with the legal name of the spirit drink in the same field of vision. Unless the legal name is replaced by a compound term that includes the term “liquor” or “cream” (formerly Article 10.5.b).
Transitional rules
The two ‘updating’ regulations of EU Regulation 2019/787 are scheduled to enter into force on the third day following their publication in the Official Journal of the European Union, i.e. on 15.8.21, with application backdated to 25.5.21.
Labels affixed before 31.12.22 in compliance with reg. EC 110/2008 (repealed by EU Reg. 2019/787, effective 25.5.21) may still continue to be placed on the market until stocks are exhausted.
Dario Dongo and Susanna Cavallina
Notes
(1) Dario Dongo. Spirituous beverages, on 25.5.21 in application reg. EU 2019/787. FT (Food Times). 16.1.21
(2) See reg. EU 2019/787:
– Article 2, Definition and requirements of spirit drinks,
– Art. 3, Definitions. Compound term (Art. 3.1.2), Allusion (Art. 3.1.3), Geographical Indication (Art. 3.1.4).
(3) For further discussion please refer to our ebook ‘1169 Penalties. Reg. EU 1169/11, food news, controls and penalties‘, on
https://www.greatitalianfoodtrade.it/libri/1169-pene-e-book-gratuito-su-delitti-e-sanzioni-nel-food
(4) The definition of an alcoholic beverage, it should be recalled, is provided in Reg. EU 1169/11. Where, in Article 9.1.k, mandatory information of the alcoholic strength by volume is prescribed for beverages with alcohol content above 1.2 percent by volume. Information to be included in the same field of view as the name of the beverage and its quantity (EU reg. 1169/11, Article 13.5).
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
