Selling food products online? Avoid damage claims with accurate information

Did you know that we are increasingly ordering groceries online? In doing so, consumers are not always adequately informed. What about the labeling rules when selling food online? This article lists 4 checks.

Online food sales are expected to increase significantly in the coming years. This makes it attractive for more and more food companies to start offering their products online as well. In addition to delivery by large supermarket chains, the use of flash deliverers has more than doubled in the past year. In addition, smaller food companies are increasingly selling their products through their own website or through a larger online platform.

The 1169/2011 also applies online

As with regular food sales, you also have to deal with Regulation (EU) No. 1169/2011 when selling online. In fact, online food sales fall under the EU definition of "distance selling," for which the rules are laid down in Article 14 of the regulation. For distance selling, there are a number of labeling rules, for including mandatory food information and the use of claims, to consider. Here are 4 handy checks:

Mandatory food information on website

When pre-packaged foods are sold online, the mandatory food information of Article 9 of Regulation (EU) No. 1169/2011 should be displayed not only on the packaging, but also on the website. Indeed, this information should be available, free of charge and easily accessible to consumers prior to purchase. Often the name and address of the food business operator are missing from the website. The only exception to this rule is the expiration date, which need not be available prior to sale. Upon delivery of the products, all mandatory information should be available.

In addition, distance sales must also comply with the information requirements for "distance contracts" of Article 6 of Directive 2011/83/EU on consumer rights.

Voluntary food information

In addition to mandatory food information, information given voluntarily is also often regulated. It is important to note that when selling food online, information about the products on the website is also considered food information. This includes the product description and the images that are placed on the website with the product. This information must also comply with laws and regulations.

Claims

In addition, you must take into account intended or unintended origin claims using text or images placed on the website. These must comply with the labeling requirements of Article 26 of Regulation (EU) No. 1169/2011 and Implementing Regulation (EU) 2018/775. For example, an image of the Italian flag on the website accompanying a jar of tomato sauce implies that the product comes from Italy. Should this not be the case, the true origin must be stated

Image use on website

Also watch out for word or pictorial information on the website that suggests a nutrition or health claim, such as a statement that a food has no added sugars or an illustration of a person with a tape measure around their waist. This is because these claims must comply with the terms of Regulation (EC) No. 1924/2006. Medical claims, such as the prevention, treatment or cure of a disease, are not allowed for foods.