Results of an analysis of nearly 1,400 products in 19 EU nations issued by the European Commission (EC) has revealed that 9 percent of branded products differ in composition across intra-EU markets, while exhibiting identical front-of-pack labeling. A further 22 percent of products with different compositions had similar front-of-pack. The report indicates that differences can exist in nutrient composition and/or ingredients, but that these are not structurally linked to specific geographies and, for the most part, can be logically explained. based on the new methodology developed, national competent authorities will now be able to perform the case by case analysis required to determine misleading practices prohibited under EU consumer law.

Since the release of the findings, the EC has launched a new call for proposals with a total budget of €1.26 million (US$1.44 million) to strengthen consumer organizations capacities to test products and identify potentially misleading practices. The deadline for applications is 6 November 2019.

“Some Europeans feel that the branded food products they buy are different, perhaps worse, when compared to those available elsewher,” notes Tibor Navracsics, Commissioner for Education, Culture, Youth and Sport, responsible for the Joint Research Centre. “The Commission called on our scientists to help objectively assess the extent of such differences on the single market. The results are mixed: while I am happy that they found no evidence of an East-West divide in the composition of branded food products, I am worried that they uncovered up to one-third of tested products having different compositions while being identically or similarly branded.”

According to EU legislation, consumers could be unfairly and illegally misled if an item with a significantly different composition or characteristics is marketed identically to one in another member state, especially if it cannot be justified by legitimate or objective reasons. 

“There will be no double standards in Europe’s single market,” states Věra Jourová, Commissioner for Justice, Consumers and Gender Equality. “With the new laws penalizing the dual quality and strengthening the hands of the consumer authorities, we have the tools at hand to put an end to this practice. European consumers will be able to do their shopping in full trust that they buy what they see.”

The Member States that participated in the survey were: Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Spain and The Netherlands.

All EU Member States were invited to collect information regarding the composition of the seleced food products offered on their markets.

The published report will provide a better basis for the discussion of dual quality in the EU, notes the EC. However, further steps and research will be needed to make the assessment more representative, and to better understand the link between composition and quality.

Majority of samples exhibited conformity
The study, carried out by the Commission’s in-house science and knowledge service, the Joint Research Centre, on November-December 2018, assessed 1,380 samples of 128 different food products from 19 Member States. As a first step, this analysis was based on information from the product labels and the front-of-pack appearance of the products. Testing of the products was based on a harmonized methodology developed in cooperation with Member States by the Joint Research Centre.

The products were seleced based on Member States’ suggestions, following complaints to consumer protection authorities or associations. The sample is, however, not representative of the vast diversity of food products on the EU market. The assessment reveals that:

In the majority of cases, products’ composition matched the way they were presented: 23 percent of products had an identical front-of-pack and an identical composition, and 27 percent of products signaled their different composition in different EU countries with a different front-of-pack.

9 percent of products presented as being the same across the EU had a different composition: They had an identical front-of-pack, but different composition.

A further 22 percent of products presented in a similar way had a different composition: They had a similar front-of-pack, yet a different composition.

There is no consistent geographical pattern in the use of the same or similar packaging for products with different compositions. Moreover, the difference in the composition found in the products tested do not necessarily constitute a difference in product quality.

Industry response
Although it expresses full support for the EC report, industry confederation FoodDrinkEurope notes that a difference in the composition of a product does not imply a difference in quality per se. “It is commonplace for food and drink companies to adapt recipes for a number of reasons, including compliance with national legislation and standards, availability of raw materials and supporting local supply chains, meeting consumer preferences and local consumer expectations and investing in product reformulation efforts to improve the nutritional profile of products,” reads a statement by the organization.

Mella Frewen, Director General of FoodDrinkEurope, voiced support from the industry, stating, “Europe’s food and drink companies, small and large alike, take pride in being able to serve the richness of diversity in consumer preferences, whilst standing behind high quality, sustainability and brand consistency across Europe. We hope that the publication of the JRC report will provide reassurance to consumers, authorities and other stakeholders.” 

Commission action on this issue
Since EC President Jean-Claude Juncker’s 2017 State of the unio address of the issue of dual quality of products, the Commission has taken forward different initiatives in:

Clarifying when dual quality of products is a misleading practice through legislation under the recently agreed New Deal for Consumers.

Establishing a common methodology for the testing of food products.

Issuing a set of guidelines to help national authorities apply EU consumer and food legislation.

Pledging over €4.5 million (US$5.1 million) towards this issue.

Testing products across the EU with the same methodology to get a better understanding of dual quality of goods.

By Benjamin Ferrer