Japan Releases the Guideline for Non-use Labeling of Food Additives (Draft)

On December 22, the Consumer Affairs Agency (CAA) of Japan released the Guideline for Labeling the Non-use of Food Additives Draft (hereinafter the Guideline) for the prohibited labeling content stipulated in Article 9 of the Food Labeling Standards. After the Guideline comes into effect, it will be added as an annex to the Food Labeling Standards.

10 Types of Food Additive's Non-use Labeling:

This Guideline identifies ten types of non-use labeling of food additives, considered as prohibited claiming items. Enterprises need to avoid the points described below and provide consumers with accurate information.

1. Mere "additive-free" indication

This type refers to a label whose additive-free claim is unclear and is simply described as "additive-free". People don't exactly know what is not added in this type, and it's easy to misunderstand.

2. Prohibited expressions as per Food Labeling Standards

This type refers to the use of terms not specified in the Food Labeling Standards when expressing no addition or use.

All food additives can only be used after the government confirms their safety, and must be indicated on the food package, whether synthetic or natural. So, there is no difference between synthetic or natural in terms of labeling, and no need to have a discriminatory attitude between the two. According to Food Labeling Standards, the wording of "artificial" & "synthetic" is no longer used to describe the food additives since July, 2020. Enterprises cannot use "natural", "synthetic", "artificial”, or other similar expressions to highlight additives in their labels.

Besides, the term "chemical seasoning" was once used in the JAS standard for hams, but it was deleted in 1989 and has never been used in Food Labeling Standards.

3. Labeling of non-use food additives that is not legally permitted to add

This type refers to the indication of "no additives" or "non-use" for food additives that are not permitted by law.

Some merchants will mark "no additives" on the label, making consumers misunderstand that the product is superior to the actual product. In fact, consumers who prefer products that do not use this food additive do not realize that the food additive is not allowed to use.

• For example, it is not allowed to display "Sorbic acid-free" for soft drinks. Because the use of sorbic acid in soft drinks violates usage standards.

4. Labeling on foods using food additives with the same or similar functions

This type refers to the labeling of one food additive that has the same or similar functions as another additive (e.g., X additive), while displaying "X additive free" and "non-use of X additive". If the food contains food additives with the same or similar functions, it will be difficult for consumers to distinguish them, which will eventually lead to misunderstandings.

• For example, "No preservatives" is prohibited to display on foods that use food additives other than preservatives for the purpose of improving shelf life.

5. Labeling on foods using raw materials with the same or similar functions

This type refers to the labeling on foods that use raw material that has the same or similar functions as food additive (e.g., X), while displaying "X additive free" and "non-use of X". If raw material X is not expressly stated, the consumer may not know X's function, and cause misunderstanding.

• For example:

It is not legal to indicate that no emulsifier is used in highly processed foods that used with emulsifying ingredients.

6. Labeling associated with health and safety

This type refers to "additive-free" or "non-use" claims with health and safety terms. 

All additives can only be used after the government confirms their safety. Health and safety-related statements on the label give consumers the illusion that the food additive itself is harmful.

• For example:

It is not allowed to claim that "no additives" or "non-use" are good for the body.

7. Labeling associated with non-health and safety

This type refers to "additive-free" or "non-use" claims with terms other than health and safety, such as deliciousness, expiration date, use of food additives, etc.

• For example:

When displaying "non-use of colorants" as the reason for the possibility of discoloration, if the relationship between the discoloration and the use of the colorants is not explained clearly, then it may cause misunderstanding. This situation is prohibited.

8. Labeling on foods where the use of food additives is not expected

This type refers to labeling "no additives" or "non-use" for foods that consumers do not normally expect the food additive to be used in.

• For example:

It is not allowed to label "colorant-free" on foods that have the original color.

9. Labeling on foods used as processing aids and carry-overs

This type refers to the labeling of "no additives" or "non-use" for foods in which food additives are used (or cannot be confirmed not to be used) as processing aids and carry-overs.

• For example:

Preservatives are used for some of the raw materials, but the final product is labeled as "preservative-free"

It is prohibited to label the final product as "preservative-free" if preservatives are used for some of the raw materials.

10. Overemphasized labeling

This type refers to the labeling in which "additive-free" or "non-use" characters are overemphasized. If the "no additives" label is too prominently displayed on the package (such as overemphasized fonts, sizes, colors, etc.), it may lead consumers hard to see the real product information.

Background:

• According to the Food Labeling Standards, there is no special provision regarding the labeling of "food additives are not used". At present, lots of food-related businesses optionally label "additive-free", "non-use", etc., on containers and packaging.

• Based on the consumer intention surveys, many consumers may not notice other label contents once they have seen the "additive-free".

Notably, the draft also stated that considering the time to switch packaging materials, a 2-year grace period that will end on March 31, 2024, is granted for stakeholders to enforce the new requirements. ChemLinked will keep a close watch and keep you updated on relevant information once it has been implemented.