Judith Jansen and Diederik Schrijvershof advised an A-brand manufacturer concerning the mentioning of olive oil on the front of the packaging of their product. Having the intention to substitute oil in a product consisting of 100% olive oil for a mix of sunflower and olive oil, the company wanted to know whether a minimum percentage of olive oil is required to be allowed to refer to the oil mixture as olive oil on the product packaging.
The advice was based on both European and Dutch law, including Regulation 1169/2011, Regulation 2022/2104, and the Warenbesluit informatie levensmiddelen. Under these legal instruments, companies are required, among other things, to display the name of the food and its ingredients on the product packaging. Special labeling requirements exist for the use of oils in a product. For example, in case a product contains a mixture of oils and at the same time "olive oil" is mentioned on the front, the type and percentage of the other oils present in the oil mixture must also be mentioned.
The Netherlands Food and Consumer Product Safety Authority (NVWA) monitors compliance with food labeling regulations. If a company violates these, the NVWA (on behalf of the Minister of Health, Welfare and Sport) can impose an administrative fine. The NVWA can also take remedial measures, such as imposing recall obligations (whether or not by means of an order under penalty).
Maverick assists food companies on a daily basis in the field of (European and Dutch) food law. In addition to labeling, Maverick advises on recalls (see e.g. here), NVWA inspections and examinations, sustainability/health claims and unfair trade practices in agriculture (OHP Act, see here). Maverick also regularly assists companies in legal proceedings against the NVWA/State, such as fine and recall cases (see e.g. here). Furthermore, Maverick assists food companies with negotiations with retail organizations, among other things. For all information on a NVWA company visit, see invalnvwa.nl or watch the video briefing with practical tips.
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