Ensure the legality of the labelling of your prepackaged foodstuffs
The regulations relating to foodstuffs placed on the market require the establishment of clear and precise labelling in order to best inform the consumer.
Thelabelling requirements on foodstuffs are laid down in Regulation (EU) No1169/2011.
In general, food labels must allow objective information by including a series of prescribed information, so as not to alter the economic behaviour of the average consumer, and must be written in French.
The DGCCRF defines the concept of prepackaged product for immediate sale as ” certain products, more sensitive for hygiene reasons, put in film or boxed in advance to protect sales units in order to serve customers more quickly when demand is more pressing or as part of a self-service of products prepared on site.”
Pre-packaged products must bear on their label:
- the sales denomination that defines the product,
- the list of ingredients presented in descending order of weight,
- Allergenic ingredients must be highlighted;
- the amount of certain ingredients,
- the net quantity of the product by volume or mass,
- The use-by date (DLC), in words.
- the actual alcoholic strength by volume for beverages containing more than 1.2% alcohol by volume;
- the identification of the operator under whose name the food is marketed, who must be established in the European Union, and the details of the packaging centre, if the packaging of the product is carried out by a service provider, ;
- the number of the manufacturing batch;
- the instructions for use, where necessary, and/or its specific storage conditions;
- the nutrition declaration,
- origin for certain foodstuffs,
- The origin of the primary ingredient.
When pre-packaged products are marketed online, the aforementioned mandatory information remains mandatory on the product presentation sheet, excluding the DDM/DLC which may only be provided at the time of delivery, before the conclusion of the distance sale, and then upon delivery.
Since 1 January 2022, labelling must make it possible to inform consumers about the presence or the endocrine disrupting nature of these substances capable of interfering with the endocrine system in a product.
Any breach of the labelling rules exposes the offender to fines of up to €1,500, for a natural person and up to €7,500 or €15,000 in the event of a repeat offence within one year, for a legal person.
These fines of a contraventional nature may accumulate and apply as many times as there are infringements committed.
In case of deception, imprisonment for 2 years and a fine of €300,000. The penalties accompanying the offence of deception are increased (up to 5 or even 7 years’ imprisonment and a fine of €600,000 to €750,000) in the presence of certain aggravating circumstances.
Natural persons guilty of offences of deception are also subject to bans on practising (public office, professional or social activity, commercial or industrial profession, etc. These penalties are cumulative.
At GOUACHE Avocats, as specialists in consumer law and specific marketing rules, we provide you with a pragmatic and operational offer to secure your labels and assistance, in the event of a DGCCRF inspection.
In the development phase of your labels, we audit your proposals to ensure their compliance, both in terms of the general rules applicable, and the specific rules depending on the product, while controlling the claims and information used. We also carry out this audit mission with regard to the descriptions offered on e-commerce sites.
Thanks to a proven experience in DGCCRF controls, we assist you during different phases of the investigation, and to expedite the necessary remedies, depending on the consequences chosen by the fraud repression.
Guillaume Gouachon
Avocat associé
Responsable "Consommation, produits et conformité"
Martine Behar Touchais
Professeur de droit Of counsel
Responsable "Distribution & Concurrence"
