Wines and flavored wine products will finally have to indicate nutritional values and ingredient list, starting 8.12.23. But transparency on alcoholic beverage labels in the EU is far from being achieved.
Reg. EU 2021/2117 in fact prescribes only the indication of the energy value on-label, while other information may come via a not-so-immediate QR-code. An in-depth study to follow.
It always remains the duty to indicate on the label the allergens and their derivatives listed in Annex II to reg. EU 1169/11, preceded by the words ‘contains‘ (in the absence of ingredient list) or highlighted.
1) Labeling of alcoholic beverages, premise.
The Food Information Regulation confirmed the all-time exemption for alcoholic beverages (> 1.2 percent alc. vol.), which remain exempt from obligations to list both the list of ingredients and the nutrition declaration on the label. However, delegating the European Commission, by 13.12.14, to prepare a report ‘intended to clarify
- Whether alcoholic beverages should in the future be subject to the requirement to provide energy value information in particular, and
- Specify the reasons justifying any exceptions,
- taking into account the need to ensure consistency with other relevant policies of the Union‘ (EU reg. 1169/11, Article 16.4).
2) Alcoholic beverages, work in progress.
The European Commission, seven years late, on 6/24/21 expressed its intention to revise the labeling rules for alcoholic beverages (1,2). Also taking into account the European Plan to Combat Cancer, where the correlations between alcohol consumption and the occurrence of cancers, as well as obesity and variousNon-Communicable Diseases(NCDs) are emphasized. (3)
The representations of the different production sectors in the EU in turn have adopted some commitments, through special Memoranda of Understanding:
- brewers ensure full transparency on all products by the end of 2022, (4)
- manufacturers of other alcoholic beverages simply provide label information on the energy value (5,6).
3) Wine, the new information requirements
The recent reform of the CAP (Common Agricultural Policy) intervened-through reg. EU 2021/2117 (7) – on wine labeling through the amendment of the Single CMO (EC Reg. 1308/2013, Art. 119) and the definition, presentation, labeling of aromatized wine products (EU Reg. 251/2014, new Art. 6a).
The new provisions require – as of 8.12.23 – both the mandatory nutrition declaration and the list of ingredients. (8) Of particular importance, in wine products, also to ensure label transparency regarding the presence of food additives that consumers have a right to know.
3.1) Hypothetical transparency
Wine producer lobbies once again got the better of consumers and civil society:
- 77% of participants in the public consultation conducted by the European Commission in 2021-2022 had requested complete information on the label, (9) yet
- instead, the European legislator stipulated that manufacturers may ‘limit the content ofthe nutrition declaration on the packaging or on a label attached to it to the energy value only and to make the full nutrition declaration and ingredient list available in electronic format‘ (EU Reg. 2021/2117, cons. 42 and 80).
3.2) Nutrition statement, mode of expression
‘The nutrition declaration on packaging or on a label attached to it may be limited to the energy value, which may be expressed by the symbol ‘E’ for energy.
In such cases, the full nutrition declaration shall be provided electronically by indication on the packaging or label attached to it.
This nutritionstatement does not appear with other information entered for commercial or marketing purposes, and no user data is collected or tracked’. (10)
3.3) Ingredient list, mode of expression
The list of ingredients can come ‘provided electronically by indication on the packaging or on a label attached to it. In this case, the following requirements apply:
(a) No user data are collected or tracked,
(b) the list of ingredients does not appear together with other information entered for commercial or marketing purposes; and
(c) the indication of information‘ concerning allergens ‘appears directly on the packaging or on a label attached to it.’ (10)
4) Wine, allergens always on the label
Reg. EU 2019/33 recalls for all practical purposes the duty to always indicate, on the label of wines, the possible presence of allergens and/or their derivatives. (11) Referring to the dutiful use, as appropriate, of the following terms:
- “sulfites” or “sulfur dioxide.”
- “egg,” “egg protein,” “egg derivatives,” “egg lysozyme,” or “egg albumin.”
- “milk,” “milk derivatives,” “milk casein,” or “milk protein” (EU Reg. 2019/33, All. I).
The above terms may come with the corresponding pictogram in Annex I, Part B of the above regulation (see image above). (12)
5) Entry into force and transition period
New rules on energy value labeling, as well as ‘electronic‘ recall of nutritional values and ingredient list, apply as of 8.12.23.
Wines and flavored wines that were produced and labeled before that date may continue to be placed on the EU market until stocks are exhausted (Article 5.8).
Dario Dongo
Notes
(1) European Commission, Inception Impact Assessment, Ref. Ares(2021)4128214, 24.6.21
(2) Marta Strinati. Alcoholic beverage labeling, work in progress in Brussels. FT (Food Times). 15.10.21
(3) Isis Consuelo Sanlucar Chirinos. Alcoholic beverages, EU Parliament deletes proposed label warning on alcohol and cancer risks. FT (Food Times). 18.2.22
(4) Memorandum of Understanding (MoU) 5.9.19. Proud To Be Clear: Ingredients and Nutrition Labeling of Beer, https://beerwisdom.eu/wp-content/uploads/2019/09/mou-beer-label-web-001.pdf
(5) MoU 4.6.19. On the provision of nutrition information & ingredients listing of spirit drinks sold in the EU. https://beerwisdom.eu/wp-content/uploads/2019/09/mou-beer-label-web-001.pdf.
(6) Sarasa Renedo, A., Moz Christofoletti, M., Grammatikaki, E. and Wollgast, J. (2022). Provision of ingredient, energy and full nutrition information on alcoholic beverages, EUR 31096 EN. JRC. Publications Office of the European Union, Luxembourg. ISBN 978-92-76-53110-4, doi:10.2760/89459, JRC129446
(7) Regulation (EU) no. 2021/2117, Amending Regulations (EU) no. 1308/2013 establishing a common organization of the markets in agricultural products, (EU) no. 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) no. 251/2014 on the definition, description, presentation, labeling and protection of geographical indications of aromatized wine products (…)
(8) Dario Dongo, Giorgio Perrone. Dealcolized wines, new EU rules and high growth potential. THE ABC’S. FT (Food Times). 8.2.22
(9) European Commission. Factual summary report of the online public consultation in support of the revision of the Food Information to Consumers regulation. https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12749-Food-labelling-revision-of-rules-on-information-provided-to-consumers/public-consultation_it Ref. Ares(2022)3403916, 3.5.22
(10) Reg. EU 2021/2117. New Articles 116-bis, paragraph 33 (added to reg. EU 1308/13), and 6-bis added to reg. EU 251/14
(11) Reg. EU 1169/11, Article 21 and Annex II
(12) Reg. EU 2019/33, Supplementing Regulation (EU) no. 1308/2013 regarding applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the opposition procedure, restrictions on use, amendments to product specifications, cancellation of protection as well as labeling and presentation. See Art. 41.
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
