report of the fsai on fruit juices - final

Report of the Food Safety Authority of Ireland Survey on Fruit Juices to Determine Compliance with

Labelling Requirements and to Examine “Made from Concentrate” Declarations

May 2004

Food Safety Authority of Ireland May 2004 Rev. 1 (28.05.2004)

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Executive Summary --------------------------------------------------------------------------------------------1 1. Background ------------------------------------------------------------------------------------------------3 2. Legal Basis-------------------------------------------------------------------------------------------------4

2.1. Council Directive 2000/13/EC on the approximation of laws of the Member States relating to the labelling, presentation and advertising of foodstuffs ------------------- 5

2.2. Council Directive 90/496/EC on Nutrition Labelling for Foodstuffs -------------------- 6 2.3. Council Directive 93/77/EC relating to fruit juices and certain similar products. ---- 6

2.3.1. “Made from Concentrate” declaration requirements --------------------------- 6 2.3.2. Other labelling requirements from the Fruit Juices directive 93/77/EC ----- 6

a. Legal Name ------------------------------------------------------------------------ 6 b. List of Ingredients ----------------------------------------------------------------- 7 c. Fruit Content Declaration -------------------------------------------------------- 7

2.4. Council Directive 2001/112/ EC relating to fruit juices and certain similar products intended for human consumption ----------------------------------------------------------- 7

3. Methodology -----------------------------------------------------------------------------------------------8 3.1. Nature of the product ------------------------------------------------------------------------- 8 3.2. Directive 93/77/EC relating to fruit juices and certain similar products. -------------- 8

3.2.1. “Made from Concentrate” declaration -------------------------------------------- 8 3.2.2. Other Requirements ---------------------------------------------------------------- 9

3.3. Directive 2000/13/EC relating to labelling, presentation and advertising of foodstuffs --------------------------------------------------------------------------------------- 9

3.4. Council Directive 90/496/EC on Nutrition Labelling for Foodstuffs -------------------- 9 3.5. Follow-Up --------------------------------------------------------------------------------------- 9

4. Survey Results ------------------------------------------------------------------------------------------ 10 4.1. Compliance with Directive 93/77/EC, regarding “Made from Concentrate”

declaration requirements--------------------------------------------------------------------14 4.2. Compliance with Fruit Juice Directive 93/77/EC, excluding “Made from

Concentrate” declaration requirements ---------------------------------------------------16 4.2.1 Authorised Ingredients -------------------------------------------------------------16 4.2.2. Legal name---------------------------------------------------------------------------16 4.2.3. L-ascorbic acid ----------------------------------------------------------------------16

4.3. General Labelling-----------------------------------------------------------------------------18 4.4. Nutrition Labelling ----------------------------------------------------------------------------18

5. Discussion------------------------------------------------------------------------------------------------ 20 5.1. “Made from concentrate” declaration------------------------------------------------------20 5.2. Authorised ingredients-----------------------------------------------------------------------20 5.3 Legal Name -----------------------------------------------------------------------------------20 5.4 L-Ascorbic Acid -------------------------------------------------------------------------------20 5.5 Ingredient list----------------------------------------------------------------------------------21 5.6 Nutrition labelling -----------------------------------------------------------------------------21

6. Conclusions ---------------------------------------------------------------------------------------------- 22 7. Recommendations ------------------------------------------------------------------------------------- 23


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Executive Summary A survey of fruit juice products was undertaken to determine compliance with labelling legislation. The aim of this survey was three-fold: • To determine compliance with fruit juices legislation, in particular, with regard to “made

from concentrate” declaration requirements. • To determine compliance with general labelling legislation. • To assess how the most recent fruit juices legislation may affect current labelling

practices. During the course of the survey, packaging of 111 products was examined. The products selected included fruit juices, fruit juices made from concentrate, fruit nectars and concentrated fruit juices. The legal basis for this survey included: • Council Directive 2000/13/EC on the approximation of the laws of the Member States

relating to the labelling, presentation and advertising of foodstuffs. • European Communities (Labelling, Presentation and Advertising of Foodstuffs)

Regulations, 2000 (S.I. No. 483 of 2002). • Council Directive 90/496/EEC on nutrition labelling for foodstuffs (S.I. No. 388 of 1993). • The Health (Nutrition Labelling For Foodstuffs) Regulations, 1993 (S.I. No. 388 of 1993). • Council Directive 93/77/EC relating to fruit juices and certain similar products. • Food Standards (Fruit Juices and Fruit Nectars) (European Communities) Regulations,

1978 to 1994. Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption, repeals Council Directive 93/77/EC, and is transposed into Irish law by European Communities (Marketing of Fruit Juices and Certain Similar Products) Regulations, 2003 (S.I. 240 of 2003). Fruit juices packed after July 12th 2004, must comply with Council Directive 2001/112/EC. The survey results show that 24% of products examined were compliant with the legislation listed above. 64% of products were compliant with the requirements of the general labelling legislation. 77% were compliant with the nutrition labelling requirements. 50% of products were compliant with the requirements of the fruit juice legislation. With regard to the “made from concentrate” declaration requirements, 58% of products, which were made from concentrate, did not comply, for the following reasons: • Declaration not in the same field of vision as the legal name and the net quantity. • Declaration did not stand out because it was too small, placed in the ingredients list, the

colour of the print made it difficult to see against the background, it did not state which fruit concentrate was used or the phrasing was incorrect.

The results of this survey indicate the need for Directive 2001/112/EC. The legislative requirements, as laid down in Directive 93/77/EEC are difficult to enforce due to their subjective nature. Directive 2001/112/EC also simplifies the legal name for fruit juice made from three or more fruits. These products, under this Directive, do not have to list the fruits used as part of the legal name.


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Fruit juices made from a mixture of “direct juice” and “fruit juice from concentrate” still fall under the legal name “fruit juice”. Such products require a “partially made from concentrate” declaration that stands out in clearly visible characters. In cases where products are made with a small quantity of direct juice, in order to use the legal name “fruit juice”, the FSAI feels that this may mislead the consumer to believe that the product is mainly made from “direct juice”. We would remind industry that these products require QUID labelling. It is recommended that processors and manufacturers of fruit juice and related products make themselves familiar with the requirements of Directive 2001/112/EC. In particular, with the provisions for the specific legal name “fruit juice from concentrate”. Packaging should be revised by July 12th 2004, to ensure compliance. When processors review their packaging in light of Directive 2001/112/EC, it is advised that all relevant labelling legislative requirements should be taken into consideration, in particular the requirements of Directive 2000/13/EC and Directive 90/496/EEC.


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1. Background Following representations made to the Food Safety Authority of Ireland, a survey of fruit juice products was undertaken to determine compliance with labelling legislation. As part of this survey, the impact of the newly introduced fruit juices legislation was also examined. The aim of this survey was three-fold: • To determine compliance with fruit juices legislation, in particular, with regard to “made

from concentrate” declaration requirements. • To determine compliance with general labelling legislation. • To assess how the most recent fruit juices legislation may affect current labelling

practices. This was achieved by surveying a representative sample of fruit juice products. During the course of the survey, packaging of 111 products was examined. The products selected included: • Fruit Juice:

This juice is pressed directly from the fruit and is not concentrated. This form of juice is often described as “direct juice” or “not from concentrate”.

• Fruit Juice Made from Concentrate: This juice is made by concentrating fruit juice and then returning it to its original state by addition of water.

• Fruit Nectar: This is a product made by combining fruit juice with water and may have added sugar / honey / sweeteners.

• Concentrated Fruit Juice: This is obtained by the physical removal of at least 50% of the water content of the fruit juice.

The products were purchased from a number of retail outlets, which were selected at random. These retail outlets ranged from small local shops to large supermarkets.


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2. Legal Basis Fruit juice products must comply with several pieces of legislation, regulating general labelling and nutrition labelling as well as specific fruit juice legislation. There are two main pieces of legislation, one at European level and one at National level, that control the general labelling, packaging and advertising of foodstuffs: • Council Directive 2000/13/EC on the approximation of the laws of the Member States

relating to the labelling, presentation and advertising of foodstuffs transposed into National Legislation by: • European Communities (Labelling, Presentation and Advertising of Foodstuffs)

Regulations, 2000 (S.I. No. 483 of 2002) In addition, fruit juice products available on the market in Ireland must comply with nutrition labelling requirements, as specified in: • Council Directive 90/496/EEC on nutrition labelling for foodstuffs transposed into National Legislation by: • The Health (Nutrition Labelling For Foodstuffs) Regulations, 1993 (S.I. No. 388 of 1993). Finally, fruit juice products available on the market in Ireland must also comply with specific commodity legislation: • Council Directive 93/77/EC relating to fruit juices and certain similar products. • Food Standards (Fruit Juices and Fruit Nectars) (European Communities) Regulations,

1978 to 1994. The specific commodity legislation outlined above was repealed by Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption, with effect from July 12th 2003. This Directive is transposed into Irish law by European Communities (Marketing of Fruit Juices and Certain Similar Products) Regulations, 2003 (S.I. 240 of 2003). Fruit juice packed after July 12th 2004, must comply with Council Directive 2001/112/EC.


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The legal basis for this survey is as outlined below.

2.1. Council Directive 2000/13/EC on the approximation of laws of the Member States relating to the labelling, presentation and advertising of foodstuffs

Article 3.1 of the Directive lists the mandatory information, which must appear on the packaging of pre-packaged foodstuff or on the label attached.

“In accordance with Articles 4 to 17 and subject to the exceptions contained therein, indication of the following particulars alone shall be compulsory on the labelling of foodstuffs:

(1) the name under which the product is sold; (2) the list of ingredients; (3) the quantity of certain ingredients or categories of ingredients as provided for in Article 7; (4) in the case of pre-packaged foodstuffs, the net quantity; (5) the date of minimum durability or, in the case of foodstuffs which, from the microbiological point of view, are highly perishable, the "use by" date; (6) any special storage conditions or conditions of use; (7) the name or business name and address of the manufacturer or packager, or of a seller established within the Community.” (8) particulars of the place of origin or provenance where failure to give such particulars might mislead the consumer to a material degree as to the true origin or provenance of the foodstuff. (9) Instructions for use when it would be impossible to make appropriate use of the foodstuff in the absence of such instructions;

In accordance with article 6.6 of Directive 2000/13/EC, the ingredient list should only list the ingredients by their legal names without any further description: “Ingredients shall be designated by their specific name …” Article 13.3 of Directive 2000/13/EC requires that the legal name, the net quantity and the date of minimum durability appear on the same field of vision. “the particulars listed in article 3(1), points 1, 4 and 5 shall appear in the same field

of vision.”


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2.2. Council Directive 90/496/EC on Nutrition Labelling for Foodstuffs

Nutrition labelling is voluntary, but is compulsory where a nutritional claim is made on the label. However, if a label carries nutrition labelling, even when it is not required, it must comply with the Directive. The format of the nutrition information is specifically described in the Directive. Nutrition claims should not appear in the nutrition information table. Finally, when vitamins or minerals are included in the nutrition information, it is compulsory to display the percentage of the Recommended Daily Allowance (RDA) on the label.

2.3. Council Directive 93/77/EC relating to fruit juices and certain similar products.

2.3.1. “Made from Concentrate” declaration requirements

Article 10.4 (a) details the requirements for compulsory labelling of fruit juices and certain similar products, specifically:

“For fruit juice and nectar obtained wholly or partially from a concentrated product, the declaration “contains … made from concentrate”, plus the name of the concentrated product used; this declaration shall appear in the immediate vicinity of the product name, standing out prominently in bold lettering;”

2.3.2. Other labelling requirements from the Fruit Juices directive 93/77/EC

a. Legal Name Article 3.1 defines the description “fruit juice” “concentrated fruit juice” “fruit nectar” and “dried fruit juice” as the reserved names which must be used for the trade of fruit juice products. “The descriptions … shall be reserved for the products defined therein and … must be used in trade to describe them”. Article 3.3 specifies that the name of the fruit should replace “fruit” in the description when only one fruit variety is used, e.g. orange juice. “If the product comes from a single variety of fruit, the name of the latter shall be substituted for the word “fruit” or shall accompany any descriptions not containing the word “fruit”.” Article 10.2 gives further details on the name under which fruit juice products are sold, when manufactured from two or more kinds of fruit. “the name under which they are sold should be supplemented for products manufactured from two or more kinds of fruit … by a list of fruits used, in descending order of the weight of the fruit juices or purees included, the use of the term “fruit” is optional in this case.”


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b. List of Ingredients

In accordance with article 10.3, there are exemptions from declaring the list of ingredients when no ingredients have been added. For fruit juice made from concentrate, the water added to return it to its original state, is not considered an ingredient.

“The obligation to declare the list of ingredients shall apply subject to the following:

(a) (i) the restoration to its original state, by means of the substances strictly necessary for this operation:

- of fruit juice from a concentrated fruit juice - of a fruit puree from a concentrated puree. (ii) the restoration of the flavour: - to concentrated fruit juice

- to dried fruit juice, shall not involve an obligation to declare the list of ingredients used for this purpose;

c. Fruit Content Declaration

Article 10.4. d specifies what declaration should be added to all nectars. Indication of the following particulars shall be compulsory on the labelling for fruit nectars: “…the actual minimum content of fruit juice, fruit puree or mixture of these ingredients, by the declaration “Fruit content:…% minimum”

2.4. Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption

This Directive entered into force from 12th July 2003, repealing Directive 93/77/EC. The marketing of products which fail to comply with this Directive will be prohibited with effect from 12th July 2004.

The main changes regarding the labelling are as follows:

Annex 1. Fruit Juice

The legal name “fruit juice” must only be used to describe juices pressed directly from the fruit and not concentrated.

Annex 1. Fruit juice from concentrate

Fruit juice made from concentrate must be sold under the newly introduced legal name “fruit juice from concentrate”. This legal name must also be used in the ingredient list.


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Article 3(3). Products manufactured from three or more kinds of fruit

For products made from three or more kinds of fruit, the legal name has to be supplemented by a list of the kinds of fruit used. Under article 3(3), this list can be replaced by a simpler wording such as “5 fruits juice”.

Article 3(6). Products manufactured from a mixture of fruit juice and fruit juice from concentrate

For products manufactured from a mixture of fruit juice and fruit juice from concentrate, the legal name must be supplemented by the declaration “partially made from concentrate”, or similar wording.

3. Methodology The packaging of the fruit juice products were visually examined with regard to the legislative requirements for the following:

• Nature of the product. • “Made from Concentrate” declaration requirements. • Fruit juices legislation. • General labelling legislation. • Nutrition labelling legislation. • Extent of changes required to comply with Directive 2001/112/EC relating to fruit juices

and certain similar products intended for human consumption. Examination of the fruit juice products did not include laboratory analysis of the juices.

3.1. Nature of the product The purpose of this examination was to: • To identify the product (juices, nectars, concentrated juice) • To ascertain whether the product was made from concentrate or not • To determine the specific legislative requirements for that product

3.2. Directive 93/77/EC relating to fruit juices and certain similar products.

3.2.1. “Made from Concentrate” declaration In the case of juice products made from concentrate, the packaging is examined to determine if the “Made from Concentrate” declaration is:

• In the same field of vision as the product name and the net quantity • Phrased in compliance with the legislation • Declaration statement standing out prominently in bold lettering


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3.2.2. Other Requirements In accordance with this Directive, the packaging of fruit juices must also display:

• A legal name as laid down in the Directive Depending on the nature of the product the packaging is also examined for the following:

• Fruit contents declaration • Sweetened declaration • Ingredients, in accordance with Article 4, which lists the ingredients authorised for

production of fruit juices.

3.3. Directive 2000/13/EC relating to labelling, presentation and advertising of foodstuffs

As laid down in this Directive, compliance with the following requirements were examined:

• Name and address of the manufacturer, packager or distributor • Format of the ingredient list

3.4. Council Directive 90/496/EC on Nutrition Labelling for Foodstuffs This Directive requires that nutrition labelling complies with a specific format. Packaging of the fruit juice products were examined to assess the:

• Format of the nutrition information • Claims. • Nutrition information to support claims • Declaration of recommended daily allowance (RDA) alongside declared vitamin

content.

3.5. Follow-Up The FSAI will arrange for follow up with individual companies in relation to the survey findings, as appropriate.


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4. Survey Results During the survey, the packaging of 111 fruit juice products was assessed. The issues identified with these products fall into three main categories: 1. Compliance with Directive 93/77/EC, regarding “Made from Concentrate” declaration

requirements 2. Compliance with Directive 93/77/EC relating to Fruit Juices and certain other similar

products 3. Compliance with Directive 2000/13/EC relating to Labelling, Presentation and Advertising

of Foodstuffs 4. Compliance with Directive 90/496/EC on Nutrition Labelling of Foodstuffs. The results of the survey, including categories of products examined and labelling issues identified are summarised in the following tables: Table 1 Summary of Survey Results. This contains a summary of results for all products examined. Table 2 Survey Results for Products Made From Concentrate. This contains a summary of results for products made from concentrate only. Table 3 Survey Results for Direct Juice. This contains a summary of results for juices not made from concentrate.


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Table 1 – Summary of Survey Results

Orange Juice

Apple Juice

Grapefruit Juice

Pineapple Juice

Multi vitamin Juice

Other 1 fruit juice

2 fruits Juice

3 and + fruit juice

Nectar Concentrated Juice Total

Total number of Products

48 21 8 5 4 7 7 6 4 1 111

(100%)

Products complying with the “made from concentrate” requirements of Directive

93/77/EC

16 8 2 2 0 0 3 3 0 1 35 (42%)

Products complying with

Directive 93/77/EC (excluding “Made from Concentrate”

requirements)

48 19 8 4 2 7 5 1 3 1 97 (87%)

Products complying

with all of Directive 93/77/EC

27 13 4 1 1 4 4 1 0 0 55 (50%)


general labelling Directive 2000/13/EC

32 11 4 4 3 5 5 3 4 1 72 (64%)

Products complying

with nutrition Directive 90/496/EC

29 20 7 5 4 6 7 4 4 0 86 (77%)


Directives 93/77/EC, 2000/13/EC

and 90/496/EC

11 7 1 1 1 3 3 0 0 0 27 (24%)


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Table 2 – Summary of Survey Results for Products Made From Concentrate

Orange Juice

Apple Juice

Grapefruit Juice

Pineapple Juice

Multi vitamin Juice

Ot1her 1 fruit juice

2 fruits Juice

3 and + fruit juice

Nectar Concentrated Juice

Total


37 14 6 5 2 3 5 6 4 1 83 (100%)

Products complying with the

“made from concentrate” requirements of Directive

93/77/EC

16 8 2 2 0 0 3 3 0 1 35 (42%)



requirements)

37 14 6 4 1 3 3 1 3 1 72 (87%)

Products complying


16 8 2 1 0 0 2 1 0 0 30 (36%)



24 9 3 4 1 2 4 3 4 1 55 (66%)

Products complying


24 13 6 5 2 2 5 4 4 0 65 (78%)



and 90/496/EC

8 5 1 1 0 0 2 0 0 0 17 (20%)


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Table 3 – Summary of Survey Results for Direct Juice

Orange Juice

Apple Juice

Grapefruit Juice

Pineapple Juice

Multi vitamin Juice

Other 1 fruit juice

2 fruits Juice

3 and + fruit juice

Total


11 7 2 0 2 4 2 0 28 (100%)



requirements)

11 5 2 0 1 4 2 0 25 (89%)

Products complying


11 5 2 0 1 4 2 0 25 (89%)



8 2 1 0 2 3 1 0 17 (60%)

Products complying


5 7 1 0 2 4 2 0 21 (75%)



and 90/496/EC

3 2 0 0 1 3 1 0 10 (36%)


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4.1. Compliance with Directive 93/77/EC, regarding “Made from Concentrate” declaration requirements

Throughout the course of the survey, the packaging and labelling of 111 products were examined, out of which 83 were made from concentrate. The remaining products were not made from concentrate and may also be referred to as “direct juice”. Of these 83 products made from concentrate, 58% were not fully in compliance with the European Directive 93/77/EC relating to Fruit Juices and certain similar products, specifically regarding the “Made from Concentrate” declaration.

Several different reasons for non compliance were identified:

• Declaration not in the same field of vision as the legal name and the net quantity.

• Declaration did not stand out because: a. Too small b. Declaration placed in the ingredients list. c. Colour of the print made it difficult to see against the background colour

• Declaration did not state which fruit concentrate was used • Declaration phrasing was incorrect. For example: “concentrate of freshly squeezed

oranges” The results of the survey in relation to “Made from Concentrate” declaration requirements are summarised in Table 4.


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Table 4. - Summary of “Made from Concentrate” declaration issues

Orange Juice

Apple Juice

Grapefruit Juice

Pineapple Juice

Multi vitamin Juice

Other 1 fruit juice

2 fruits Juice

3 and + fruit juice


Product Made from concentrate 37 14 6 5 2 3 5 6 4 1 83 (100%)

“Made from Concentrate” not in the same field of vision as legal name & net quantity

8 2 3 1 0 3 1 1 1 0 20 (24%)

“Made from Concentrate” Did not stand out

Too small 19 5 3 2 2 2 1 1 3 0 38

(46%)

“Made from Concentrate” Did not stand out

Placed in the ingredient list 3 2 2 1 0 1 1 1 0 0 11

(13%)

“Made from Concentrate” Did not stand out Choice of Colour

0 0 0 1 0 0 1 2 0 0 4 (5%)

“Made from Concentrate” incorrectly phrased 3 1 0 0 1 0 0 3 1 0 9

(11%)

Products complying with the “made from concentrate” requirements of

Directive 93/77/EC 16 8 2 2 0 0 3 3 0 1 35

(42%)

Note: It should be noted that some fruit juice products may appear several times, in the above table, due to several issues with regard to “Made from Concentrate” declaration requirements being identified.


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4.2. Compliance with Fruit Juice Directive 93/77/EC, excluding “Made from Concentrate” declaration requirements

4.2.1 Authorised Ingredients

Four products, from the 111 products examined, were labelled as containing unauthorised ingredients, such as: sweeteners, flavours and stabilisers.

4.2.2. Legal name During the course of the survey, 10 products examined, were not labelled with a legal name, as defined in the legislation. One product was a fruit juice, from a single fruit, which stated only the name of the fruit but not the word “Juice”. The other products were multi-fruit products and were not labelled with the list of fruits used in the product.

4.2.3. L-ascorbic acid During this survey, it was observed that seven apple juices not from concentrate (direct juice) used L-ascorbic acid / Vitamin C as an ingredient. In three products, this ingredient was labelled as “Anti-oxidant: Ascorbic Acid”. In two products, it was listed as “Anti-oxidant: Ascorbic Acid (vitamin C) in the ingredients list. The final two, not from concentrate, apple juices listed “Vitamin C” as an ingredient. One multi fruit juice listed it as “Anti-oxidant: Ascorbic Acid (vitamin C)” in the ingredients list.


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Table 5 - Summary of Survey Findings regarding Directive 93/77/EC

Product type

Orange Juice

Apple Juice

Grapefruit Juice

Pineapple Juice

Multi vitamin Juice

Other 1

fruit juice

2 fruits Juice

3 and

+ fruit juice


Made from concentrate 37 14 6 5 2 3 5 6 4 1 83

Total number of products

Direct Juice 11 7 2 0 2 4 2 0 0 0 28

Made from concentrate 0 0 0 1 0 0 0 2 1 0 4 Unauthorised

ingredients used Direct Juice 0 0 0 0 0 0 0 0 0 0 0


Legal product

name not appearing on

the label Direct Juice 0 1 0 0 1 0 0 0 0 0 2

Made from concentrate 0 0 0 0 0 0 0 1 0 0 1 Anti-oxidant

referenced as Vitamin C Direct Juice 0 2 0 0 0 0 0 0 0 0 2


(86%)

Product complying

with Directive 93/77/EC (excluding “Made from

Concentrate” declaration)

Direct Juice 11 59 2 0 1 4 2 0 0 0 25 (89%)

Note: It should be noted that some fruit juice products may appear several times, in the above table, due to several issues with regard to “Made from Concentrate” declaration requirements being identified.


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4.3. General Labelling During the survey, issues were identified with regard to Directive 2000/13/EC relating to the labelling, presentation and advertising of foodstuffs. Issues related to the: • Display of the net quantity in the field of vision

10 products (9%) were labelled with the net quantity outside the field of vision of the legal name.

• Ingredients list format The format of the ingredients list did not comply in 33 products (30%).

The results of the survey in relation with the Directive 2000/13/EC are summarised in table 7.

4.4. Nutrition Labelling 25 products (23%) did not comply with the nutrition labelling format as laid down in Directive 90/496/EC on Nutrition Labelling for Foodstuffs. The results of the survey in relation with the Directive 90/496/EC are summarised in table 8. Claims were common on the packaging, of the 111 products examined, 69 products (62%) displayed some form of claim. Examples of the different claims are detailed below. Table 6. Summary of Claim Issues

Examples of Nutrition Claims Requiring Nutrition Labelling

Number of products %

Rich in vitamin C 36 32 No added sugar 30 27 Fat free 7 6 Sodium free / Low sodium 7 6 Source of folic acid 6 5

Examples of Claims not falling under the Nutrition Labelling for Foodstuffs Directive

Number of products %

No sweeteners 10 9 Unsweetened 13 12 No claim 42 38 No preservative 40 36 No colour / No colouring 25 22 No artificial colouring 10 9 No flavour 7 6 No additives / No artificial additives 5 4 Nothing artificial 1 1 No added water 1 1

Note: It should be noted that some fruit juice products may appear several times, in the above table, due to several claims being displayed on packaging.


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Table 7 – Summary of General Labelling Issues

Product type

Orange Juice

Apple Juice

Grapefruit Juice

Pineapple Juice

Multi vitamin Juice

Other 1 fruit juice

2 fruits Juice

3 and + fruit juice


Made from concentrate 37 14 6 5 2 3 5 6 4 1 83 (75%) Total number of products Direct Juice 11 7 2 0 2 4 2 0 0 0 28 (25%) Made from concentrate 4 2 0 0 1 1 0 0 0 0 8 Net quantity not in the

correct field of vision Direct Juice 0 2 0 0 0 0 0 0 0 0 2 Made from concentrate 10 3 3 1 0 1 1 3 0 0 22 List of ingredients not

complying Direct Juice 3 5 1 0 0 1 1 0 0 0 11 Made from concentrate 24 9 3 4 1 2 4 3 4 1 55 (66%) Product complying with

general labelling legislation 2000/13/EC Direct Juice 8 2 1 0 2 3 1 0 0 0 17 (61%)

Table 8 - Summary of Nutrition Labelling Issues

Product type

Orange Juice

Apple Juice

Grapefruit Juice

Pineapple Juice

Multi vitamin Juice

Other 1 fruit juice

2 fruits Juice

3 and + fruit juice


Made from concentrate 37 14 6 5 2 3 5 6 4 1 83 (75%) Total number of products Direct Juice 11 71 2 0 2 4 2 0 0 0 28 (25%) Made from concentrate 8 1 0 0 0 1 0 0 0 0 10 Format of Nutrition Tables

not complying Direct Juice 6 0 1 0 0 0 0 0 0 0 7 Made from concentrate 5 0 0 0 0 1 0 2 0 1 9 RDA not displayed Direct Juice 1 0 0 0 0 0 0 0 0 0 1 Made from concentrate 24 13 6 5 2 2 5 4 4 0 65 (78%) Nutrition information

complying with Directive 90/496/EC Direct Juice 5 7 1 0 2 4 2 0 0 0 21 (75%)


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5. Discussion

5.1. “Made from concentrate” declaration Throughout the course of the survey, 48 products (58%) were found not to fully comply with the “Made from Concentrate” declaration requirements, as detailed in Directive 93/77/EC. In the majority of fruit juices made from concentrate the declaration “made from concentrate” was not clearly visible and so consumers may not easily identify the true nature of the product. Furthermore, the legislation states that the declaration shall be “standing out prominently”, assessment of this requirement is subjective.

In line with the Directive 2001/112/EC, the nature of the product (i.e. made from concentrate) will now form part of the legal name under which the product is sold. For example, apple juice made from concentrate must be sold under the legal name “apple juice made from concentrate”, as opposed to “apple juice”. This should help consumers differentiate between products made from concentrate and direct juice.

5.2. Authorised ingredients Directive 93/77/EEC lists authorised ingredients, which are permitted in the production of fruit juice. This list authorises mainly sugars, acidifying agents and vitamins and minerals. Colours, preservatives and flavours are not authorised for use. Directive 2001/112/EC gives mainly the same list of authorised ingredients, therefore the composition of fruit juice product is very unlikely to have to be modified to comply with the new directive.

5.3 Legal Name In this survey, some fruit juices made from more than one fruit did not comply with the legislation regarding the supplementation of the legal name with the list of fruits used. With Directive 2001/112/EC, the list of fruits used in products using three fruits or more may be replaced by an indication of the number of fruits or similar wording. This is a simplification of the requirements for labelling of products made from three or more fruits. Directive 2001/112/EEC introduces a new legal name “fruit juice from concentrate”. Fruit juices made from a mixture of “direct juice” and “fruit juice from concentrate” still fall under the legal name “fruit juice”, but the packaging must bear the declaration “partially made with concentrate”.

5.4 L-Ascorbic Acid L-ascorbic acid is an anti-oxidant and is also known as vitamin C. However, when L-ascorbic acid is used for its anti-oxidant property in a fruit juice, the Directive 93/77/EC requires that it shall not be referred to Vitamin C. This requirement is now stated in directive 95/2/EC on food additives other than colours and sweeteners. All additives should be labelled by their categories and their name or E number, e.g. antioxidant (E 300) or Antioxidant: L-ascorbic acid.


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5.5 Ingredient list In line with Directive 2000/13/EC, ingredients listed must be described by their legal name. For example: “Ingredients: Bramley Apple Juice” should be listed as “Ingredients: Apple Juice”. Under Directive 2001/112/EC, a legal name for made from concentrate juices has been introduced. This legal name will have to appear in the list of ingredients. This may necessitate revision of lists of ingredients.

5.6 Nutrition labelling The current legislation on claims only specifies that the claims should not mislead the consumer. In addition, a foodstuff cannot claim the level of a nutrient is unique to a particular product if all other similar products contain the same quantity of nutrient. Therefore, claims such as “high in vitamin C”, “low fat”, “good source of folic acid” or “low sodium” could mislead the consumers to believe that fruit juice products labelled with such claims are better than other similar fruit juice products. Other claims like “no flavour”, “no colouring”, or “no preservative” may well be considered to be misleading for the consumer, as these ingredients are not authorised for use in fruit juices. Directive 2001/112/EC does not modify the current requirements with regard to claims.


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6. Conclusions From these results, it can be seen clearly that packaging of many products examined as part of this survey did not comply with current legislation. The main reasons for non compliance related to the “made from concentrate” declaration. The majority of non compliances related to the “Made from Concentrate” declaration not standing out because it was too small, not in the same field of vision as legal name and net quantity or it was placed in the ingredient list. The results of this survey indicate the need for Directive 2001/112/EC. The legislative requirements, as laid down in Directive 93/77/EEC are difficult to enforce due to the subjective nature. For example, the requirement for the “made from concentrate” declaration to “stand out prominently” on the packaging. Directive 2001/112/EC addresses this subjectivity by the introduction of the specific legal name for fruit juice made from concentrate. This is advantageous for the consumer as it highlights the true nature of the juice, thus, enabling consumers to make an informed choice. Directive 2001/112/EC also simplifies the legal name for fruit juice made from three or more fruits. These products, under this Directive, do not have to list the fruits used as part of the legal name. The legal name “several fruits juice”, or similar wording, may be used and the fruits used will appear in the ingredients list. Fruit juices made from a mixture of “direct juice” and “fruit juice from concentrate” still fall under the legal name “fruit juice”. Such products require a “partially made from concentrate” declaration that stands out in clearly visible characters. In cases where products are made with a small quantity of direct juice, in order to use the legal name “fruit juice”, the FSAI feels that this may mislead the consumer to believe that the product is mainly made from “direct juice”. We would remind industry that these products require QUID labelling. Processors and packagers of fruit juice and related products will need to revise their packaging by July 12th 2004, in order to comply with Directive 2001/112.EC.


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7. Recommendations It is recommended that processors and manufacturers of fruit juice and related products make themselves familiar with the requirements of Directive 2001/112/EC. In particular, with the provisions for the specific legal name “fruit juice from concentrate”. Packaging should be revised by July 12th 2004, to ensure compliance. When processors review their packaging in light of Directive 2001/112/EC, it is advised that all relevant labelling legislative requirements should be taken into consideration. In particular the requirements of Directive 2000/13/EC and Directive 90/496/EEC. A Guidance Leaflet has been produced by the Department of Agriculture and Food, in association with the Food Safety Authority of Ireland, on the labelling of fruit juices and related documents. This document is available from the Department of Agriculture and Food and the Food Safety Authority of Ireland and at www.fsai.ie.

report of the fsai on fruit juices - final

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