Absence of the obligation to mention the vitamin formula specifically used in the list of ingredients of a foodstuff
In a judgment of 24 March 2022, the EU Court of Justice ruled that the list of ingredients of a foodstuff containing a vitamin does not have to mention the specific vitamin formula used: it is sufficient to indicate the name of the vitamin itself on the labelling of the foodstuff (case C-533/20 Upfield Hungary).
Article 18.2 of EU Regulation 1169/2011 on food information to consumers states foodstuffs states that “ Ingredients should be designated by their specific name, where applicable, in accordance with the rules laid down in Article 17 …’Article 17 states that ” ‘The name of the food should be its legal name. In the absence of such a name, the name of the food should be its customary name, or, if there is no customary name or the customary name is not used, a descriptive name of the food has to be provided”.Upfield Hungary markets a margarine product in Hungary, the labelling of which includes the words “Vitamins (A, D)”. The administrative services of the Hungarian authority responsible for ensuring compliance with the rules applicable in the field of consumer protection took the view that that indication did not comply with Articles 17 and 18 of Regulation No 1169/2011 on the ground that those articles require the labelling of foodstuffs to include, in general, the specific name of the various ingredients of which they are composed and, in the particular case where those ingredients are vitamins, the vitamin formulae which they contain. The Hungarian authorities therefore adopted a decision ordering Upfield Hungary to amend the labelling of the product in question. The Court of Justice of the European Communities (ECJ), hearing a reference for a preliminary ruling, recalled first of all that, where a vitamin is added to a foodstuff, it must be indicated in the list of ingredients which must appear on the labelling of the product. Regarding the question of the name under which such a vitamin must be included in that list, the Court found that Articles 17 and 18 do not, in themselves, make it possible to know what name should be used for a vitamin which is part of the ingredients. However, the ECJ notes that, for the purposes of their indication in the nutrition declaration relating to a foodstuff, which must appear on the label in addition to the list of ingredients, the regulation designates vitamins under names such as “Vitamin A”, “Vitamin D” or “Vitamin E”. The Court concludes that, in order to ensure the consistent interpretation and application of the various provisions of the regulation and to guarantee that the information given to consumers is accurate, clear and easily understandable, it is under those same names that such vitamins must also be designated for the purposes of their indication in the list of ingredients. Thus, the Court considers that, where a vitamin has been added to a foodstuff, the list of its ingredients must not include, in addition to such a designation, the name of the specific vitamin formulae used.
