RCC: 'Serving suggestion'' is not a license to depict ingredients not present

Manufacturers often place the word "serving tip" or "serving suggestion" on labels to make it clear that the image shown represents a use case. However, a recent ruling by the Advertising Code Committee shows that just adding this term to the packaging, is not always enough to prevent deception. In this article more about the recent ruling regarding noodles.

The Advertising Code Committee received a complaint against a bag of noodles. The image on the package showed vegetables not present in the product. The Commission agreed with the plaintiff, claiming that the packaging was misleading. Even when the manufacturer contested the ruling, the Advertising Code Committee stood its ground; the label should have been clearer about the absence of the vegetables.

Explanation of the complaint

The complaint concerned the packaging of "Nissin Soba Wok Style Teriyaki" (110 grams) from Nissin Foods. This packaging shows a picture of a plate of noodles that also shows green and orange vegetables and slices of mushroom. Here, some of the noodles are lifted by chopsticks. Although the packaging includes the term "serving suggestion" with the picture, the plaintiff claims that this does not clearly reflect that the package does not contain the vegetables depicted. In a Feb. 6 ruling, the Advertising Code Committee vindicated the plaintiff and advised the manufacturer to stop using this packaging.

The original statement

Specifically, the ruling focused on the fact that the absence of ingredients is apparent only from the list of ingredients. In the earlier Teekanne ruling (which involved a package of vanilla raspberry tea that did not contain vanilla or raspberries), it followed that this is misleading. The use of the term "serving suggestion" is not clear enough in this case; the rest of the packaging must also show that the carrot and mushroom have been added separately. The Commission cites an example of a smoked sausage packaging that also shows kale. In that case, consumers would not assume that the packaging also contains kale. This is different for noodles, because there are several packages on the market that do contain added vegetables. In addition, the vegetables depicted are not depicted fresh or fresher to the extent that it is clear that they were added at the time of serving.

Counterarguments

In response to this ruling, Nissin Foods argued that the Commission did not include all elements in the assessment. The lifted noodles do not contain vegetables and the mushroom and carrot are deliberately placed on top of the noodles and not between them. Only the spring onion, which is present in the packaging, lies between the noodles. Also, the commercial and legal name would not indicate the presence of the vegetables, nor are the vegetables depicted in the preparation instructions. In addition, the term "serving suggestion" would have a clear and definite meaning. Namely, a suggestion of the possibilities of the product and not a precise representation of the ingredients.

The judgment is affirmed

In response to these arguments , the College finds that the Commission did consider the entire package in its judgment. The photo on the packaging does not show that the carrot and mushroom were added separately. Indeed, they do not look significantly fresher than the spring onion. And even if this difference were there, it is so subtle that it will escape the average consumer. The lifting of the noodles also does not clarify enough. In addition, it cannot be assumed that consumers will always interpret the term "serving suggestion" as a suggestion of the product's capabilities. After all, consumers may also interpret it as a representation of the product after following the exact preparation method on the packaging. The NVWA requires that the picture accompanying the serving suggestion always clearly shows that something is added that is not present in the original packaging. The label does not meet this requirement. All in all, the packaging gives the impression that the product contains vegetables that are not in it. And this is evident only from the list of ingredients. This is misleading and therefore the earlier decision is confirmed.

A wise lesson for artwork designers

Thus, pasting the word "serving suggestion" near a picture of the prepared product is not a license to depict all kinds of ingredients that are not in the product's recipe. The rest of the packaging (and not just the ingredient list) must also show that these ingredients are not present. This does require some creativity on the part of the packaging designer. The NVWA suggests, for example, depicting the ingredients on a separate plate. An option that may appeal more to the imagination is to depict a cutting board in the background with part of the cut vegetables on it, to illustrate that these have been added separately.