The Labeling Requirements of “-Free” and “Non-Use” for Food Additives in Japan

The 6th “Discussion about the Food Additives Labeling System” was held at the Consumer Affairs Agency (CAA) on November 1, 2019, which mainly talked about the use of “-free” and “non-use” for food additive labeling. In this article, I would like to provide a more detailed interpretation on this issue. 

The current state of the use of “-free” and “non-use” for food additives labeling 

The “Food Labeling Standard” specifies the conditions when using “-free” and “non-use” labeling, which are listed below: 

• "Terms which mislead people into believing that the product is significantly better or more advantageous than it is in reality” and “other characters, pictures, photographs, etc. used for labeling and which mislead people about the content" are specified as prohibited items (Article 9, paragraph 1, item 1, 13).

• However, regarding sugar and sodium salt, as far as it satisfies some specific requirements, it is permitted to display “indication of ‘not added’” on the label (Article 7).

• If it is commonplace to use food additives in this product category while the addives are not used in the product, then it is possible to indicate that no additives have been added. (Food Labeling Standard Q&A (last amended on July 1, 2019) Process-90).

According to Process-281 of the Food Labeling Standard Q&A, the prohibited labeling items include the following:

• Labeling falsely claiming the use of special ingredients in the product such as originated from specific areas or organic agricultural products even though it is not the case.

• Labeling which misleads about the place of origin

• Labeling claiming “additive-free” for processed foods where additives are used.

However, in the CAA’s materials for the discussion, it is summarized that “Q&A Process-281 does not comprehensively offer an interpretation of prohibited labeling items and standards to judge if a product falls under the prohibited labeling items in Article 9 of the Food Labeling Standard may be needed.

Formulation of guidelines and consideration to revise Q&A 

It is likely to amend the “Food Labeling Standard Q&A (Process-90)” after the discussion because some requirements are quite contradictory, for example:

Item 1

Even though the use of processing aids in a product is not required to be indicated on the label, you cannot write “non-use” on the label.

• Possibility of conflict with Article 9, paragraph 1, item 13 (Q&A Process-90)

Item 2

Simply write “additive-free”

• Possibility of conflict with Article 9, paragraph 1, item 2

• As it might be a problem to confuse it with the labeling of “non-use” of sugars and sodium salts, it is necessary to consider how consumers would recognize the simple label “-free”.

Process-90: Is it allowed to write “additives are not used at all” or “additive-free” on labeling?

Answer:

1. In case the same product category generally uses additives, but the product does not use any, it is possible to indicate that no additive has been used on the label.

However, even though the use of processing aids or carry-overs doesn’t require their display on the label, it is not allowed to label it as a “non-use” product

Also, indicating “-free” only on the label does not clearly show what wasn’t added. Therefore, it is desirable to indicate a specific name.

2. In addition, in case the same category of product is generally free of additives in the first place, it is inappropriate to indicate that no additives have been used on the label.

Source: Food Labeling Standard Q&A (Process-90)

As proposals for possible measures, the amendment of Q & A and the formulation of guidelines are considered quite promising. By then, terms such as “synthetic”, “artificial” and “chemical seasoning” combined with “-free” and “non-use” are also expected to be sorted out (deleted from the 6th table attached to the Food Labeling Standard, presentation of guidelines by notification, etc.) 

During the meeting discussions, they have also referred to the CODEX standards related to the use of “-free” and “non-use” for labeling.

“The CODEX general guidelines for labeling claims 5.1(vi)” (CAC/GL 1-1979), states that “usually consumers expect the presence of additives in the product” and “Unless otherwise clearly stated, additives are not substituted by other substances with similar/equivalent effects on the product”. Therefore, I would recommend checking them as well. 

Future schedules

The 7th discussion has been held since December 19 2019. It planned to complete the report by the end of the fiscal year of 2019 (March 2020), (by the end of 2019 at the earliest), but if you are involved with labeling claim reviews, it is recommended to read through the discussion materials once in order to understand the background of the discussion.