Annex 1 to FCP/INGR/141/14E-

EUROPEAN COMMISSIONHEALTH AND FOOD SAFETY DIRECTORATE-GENERAL

Safety of the Food Chain

Working document WGF 13.01.02 rev5

2014.11.12

DRAFT - QUESTIONS AND ANSWERS ON LABELLING OF FLAVOURINGS IN FOOD

PRODUCTS FOR CONSUMERS

This document gathers questions and their corresponding answers regarding labelling of flavourings in order to ensure common implementation of the provisions on the labelling for flavourings in food products for consumers under Directive 2000/13/EC on the labelling, presentation and advertising of foodstuffs (from 13 December 2014 under Regulation EC No. 1169/2011 on the provision of food information to consumers) and Regulation (EC) No 1334/2008 on food flavourings.

This document is aimed at providing guidance to both Member States and economic operators.

These answers represent the position of the Commission services but do not necessarily represent the opinion of the Commission.

This guidance document does not constitute any formal commitment on behalf of the Commission. Only the European Court of Justice can give an authoritative interpretation of EU law.

Further information on the labelling of foods including questions and answers can be examined in http://ec.europa.eu/food/food/labellingnutrition/index_en.htm

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Annex 1 to FCP/INGR/141/14E-

TABLE OF CONTENTS

1. REFERENCE TO THE SOURCE MATERIAL AND SPECIFIC NAMES OR DESCRIPTIONS...................................................................................................3

2. LABELLING OF 'NATURAL' FLAVOURS.............................................................4

3. STATEMENT "NO ARTIFICIAL FLAVOURINGS"...............................................6

4. CAFFEINE..................................................................................................................7

5. SMOKE FLAVOURINGS..........................................................................................7

6. LABELLING OF FLAVOURING ADDED TO BUTTER........................................8

7. GENETICALLY MODIFIED ORGANISMS (GMOS):............................................9

[ ANNEX]

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1. REFERENCE TO THE SOURCE MATERIAL AND SPECIFIC NAMES OR DESCRIPTIONS

Q1: Labelling of

[Option A: artificial flavouring]

[Option B: non natural flavouring]:

Can an [artificial flavouring / non natural flavouring] with strawberry taste be called “Strawberry Flavouring” on the label of a food product? Could such terminology be misleading to the consumers and be interpreted by consumers as that the source material for the flavouring is strawberries?

A1: Artificial flavouring is a term not defined in current EU legislation and therefore it should be avoided. If it would be used, it should not mislead the consumer. Directive 2000/13 provides in Annex III “Designation of flavourings in the list of ingredients” that flavourings can be designated either by the term “flavourings” or a more specific name or description of the flavouring, if its component contains flavourings as defined in Article 3(2)(b), (c), (d), (e), (f), (g) and (h) of Regulation (EC) No 1334/2008. [Question to be addressed: can the term 'artificial flavourings' be considered "a more specific name or description"?. Even if it could be used, it would be misleading as it is unclear precisely what is meant by consumers, different authorities or references.]

A flavouring not found in nature can only be labelled as ‘flavouring’ or with a specific name or with description. Description of the flavour should be such that the consumer is not mislead by this designation on the label.

The description "strawberry flavouring" is considered an established description of strawberry tasting flavours and therefore even if a flavouring contains (one or more) flavouring substances that are not found in nature, that flavouring can be called “strawberry flavouring” as long as the flavouring has a strawberry taste and/or odour. It should be noted that a strawberry flavouring may consist of a blend of many flavouring substances, some of which may be found in nature and others not.

Q2: What is meant with terms “a more specific name" or "description”? Could “pepper extract” be an example of this description? Should this denomination be preceded by the word “flavouring” in any case? For instance, either “flavouring”, “pepper flavouring”, “flavouring of pepper extract” or “flavouring (pepper extract)” should be used?

A2: The manufacturer has the choice to indicate in the list of ingredients either the term ‘flavourings’ or a more specific name or description of the flavouring. According to Directive 2000/13/EC, the notion "name" is more related to the term harmonised at EU or national level (for example cheese, vinegar, vine etc.). Furthermore, failing this, the name

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should be the name customary in the Member State where the food is sold or a description of food which is clear enough to let purchaser know its true nature and distinguish it from other products which it might be confused with. The same interpretation should be applied to the name of ingredients.

The name should not be misleading for the consumer and inform him/her about the true nature of the flavouring in question. Thus, it should be clear from the provided description that it is about a flavouring. Therefore, indeed adding the term "flavour", the food business operators do not risk that the competent control authorities of the Member States assess the description as misleading. However, Directive 2000/13/EC does not require the use of the term "flavouring" systematically. In this example, , pepper extract could be considered a clear description of the flavour in question. However, the addition of the term "flavouring" may be necessary in other cases where its omission could be such as to mislead the consumer.

[Comment: A further clarification of this sentence seems necessary as there seems to be differences of views regarding when the term paprika extract can be used in the list of ingredients to describe it when it is an ingredient and also when it is a flavouring. For some this is enough and, for others, the word "paprika extract flavouring" should be used to make the distinction of the use of this extract clear.]

Q3: Labelling of flavouring preparations: Is the labelling clear enough if terms "essential oils of X", "oleoresins of X", or simply "extract of X" are used for designation of flavouring preparations? These descriptors might be preceded by the word “natural”. Will the consumers understand that these are flavours and not be misled?

A3: Essential oils, oleoresins and extracts are different types of flavouring preparations. As in the answer above, the addition of the term "flavouring" may be necessary where its omission could be such as to mislead the consumer.

Q4: According to Article 6(8)(b) of Directive 2000/13, the precise identity of the “spices” need not be specified in the list of ingredients if the final food contains less than 2 % of spices. If a flavouring preparation is prepared from spices, can the same collective designation "spices" be used in the list of ingredients (e.g. Eextracts of spices) without specifying which spices were used?

A4: Yes, the collective designation of mixtures of spice- and/or herb- extracts can be used. [When the flavouring component only contains natural flavouring substances and/or flavouring preparations, it is possible to be more detailed in the list of ingredients while taking into account the requirements of article 16(4) and 16(5) of Regulation (EC) 1334/2008],. It may be necessary to consider also other possible restrictions such as the mandatory declaration of products causing allergies or intolerances.

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(Comment: It would be useful to define as much as possible what is meant by spices. Is there any ready made definition available?]

Q5: Should yeast extract of yeast be labelled as 'flavouring' or as a food ingredient?

A5: Yeast extract can be added to foods for flavouring purposes, for technological purposes or for nutritional purposes.. If the yeast Extract extract is of yeast used mainly for flavouring purpose it should be labelled as flavouring. The term used in the list of ingredients in that case could be "flavouring", "natural flavouring" or a more specific name or description like "yeast extract [flavouring]".. However, Iif the main purpose of the addition of such extracts is technological (food additive) or nutritional value, then they should be regarded and labelled as food ingredients in accordance with the relevant applicable legislation (for examplei.e. it could be a novel food or a food additive).

Q6: When should extracts of spices be labelled as flavouring and when should they be labelled as food ingredients (e.g. paprika extract)?

A6: If the extract of spices (e.g. paprika extract) is used primarily for flavour/taste of final product and therefore defined as flavouring, it should be labelled as flavouring. [It could be "flavouring", "natural flavouring" or a more specific name or description] – it can be also labelled as natural flavouring according to Article 16 of Regulation 1334/2008.

If the main purpose of the addition of such extract is to add or restore colour or to provide nutritive value, they should be regarded and labelled as food ingredients in accordance with the relevant applicable legislation (e.g. food additive for colours, or novel food or other legislation in other cases).

.

2. LABELLING OF 'NATURAL' FLAVOURING S

Q7: Article 16(4) of Regulation (EC) No 1334/2008 refers to the use of the term "natural" in combination with a reference to the source material of the flavouring. If the flavouring component has been obtained exclusively or by at least 95/5 by w/w from the source material referred to, the term "natural" may be combined with a reference to the source material of the flavouring.

When assessing the "95/5-ratio" of a flavouring component, should the entire flavouring preparation be included in the calculation of the ratio?

A7: In Article 16 'flavouring component' refers to 'natural flavouring substances' and 'flavouring preparation. These categories are defined respectively in Article 3(2)(c) and 3(2)(d) of the Regulation. In Article 3(2)(d) the definition of 'flavouring preparation' refers to a product, other than flavouring substance, obtained in a certain manner from

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food or natural sources. The definition does not refer solely to the substances (flavouring molecules) that are included in the flavouring preparation and contribute to flavour. Due to the way they are prepared flavouring preparations are complex mixtures containing more than defined volatile flavouring molecules.

When assessing the 95/5-ratio of a flavouring component, it is necessary to take into account the entire flavouring preparation from the labelled source. The presence of constituents that are naturally present in the flavouring preparation due to their presence in the source materials, e.g. intrinsic fruit water as well as foods/food ingredients used during the manufacturing process (e.g. ethanol, edible oil, acetic acid) are considered as part of the flavouring preparation. Those constituents are distinct from carriers and/or other food ingredients subsequently incorporated for technological purposes (see Article 3 (4) of Regulation (EC) No. 1334/2008).

Flavouring preparations must be produced by appropriate processes, as indicated in Article 3(2)(d) and 3(2)(k), and in accordance with good manufacturing practice so as not to mislead the consumer on their nature.

In conclusion when assessing the "95/5-ratio" of a "flavouring component", it is necessary to take into account the total amount of "flavouring preparations" and "natural flavouring substances" from the labelled source compared to the total amount of flavouring component.

Q8: What is the role of the complementary fraction (5%)? If the

Option A: [flavouring is derived] or

Option B: [flavouring component has been obtained]

from at least 95% of the source, may

Option A: [flavourings] or

Option B: [flavouring preparations and/or natural flavouring substances]

forming the complementary fraction replicate the taste of the source material?

A8: According to Article 16(4) and taking into account the 26th recital, flavouring preparations and natural flavouring substances constituting the complementary fraction should be used only in the context of standardization of natural flavouring or to give it more specific aromatic notes (green, ripe, woody, milk, etc…). The complementary fraction should therefore not reproduce or imitate the flavour of the source material (95% fraction). The complementary fraction can only consist of flavouring preparations and/or natural flavouring substances.

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Q9: How should the flavouring in an ingredient list of a food product be labelled if on the one side the flavouring component includes 95% of the labelled source and thus complies with Article 16(4) of Regulation (EC) no 1334/2008, but the taste of the source of the flavour cannot be perceived in the final foodstuff?

A9: Article 16(6) provides that "The term ‘natural flavouring’ may only be used if the flavouring component is derived from different source materials and where a reference to the source materials would not reflect their flavour or taste."

If the taste of the source material of the flavouring component cannot be perceived in the final food, the designation of the flavouring on the food label should not refer to the source material. The flavouring can be labelled as "natural flavouring".

[Clarification to be considered regarding the use of the term "natural vanilla flavour" in chocolate, as the vanilla flavour is not perceived by the consumer in the final product, but consumers would be aware that vanilla contributes to the taste of chocolate (Comment by Fooddrink Europe).]

Q10: In which cases can the term "natural flavouring" under Article 16(6) of Regulation (EC) no 1334/2008 be used on labels of foods? What if a single source material has been used to derive the flavouring?

A10: The term "natural flavouring" can only be used if the flavouring component is derived from different source materials where a reference to the source materials would not reflect their flavour or taste. One example are flavouring compounds based on buccoleaf extracts (Agathosma genus), where the flavour or taste perceived by the consumer is blackcurrant like. [other examples?] ] Article 16(6) addresses the case where several source materials have been used for deriving the flavouring.

In the case of deriving the flavouring from a single source material, it may also be the case that a reference to the source material would not reflect the flavour or taste (e.g. vanillin obtained from riceferulic acid by fermentation as a reference to rice would not reflect the flavour or taste perceived by the consumer). Therefore, the same principle should apply.

3. STATEMENT "NO ARTIFICIAL FLAVOURINGS"

Q11: The terms ‘artificial flavourings’ and ‘nature identical flavourings’ are no longer defined in the framework regulation on flavourings. Are such indications on the label still allowed?

A11: Indications of flavourings in the list of ingredients shall comply with Annex III to Directive 2000/13/EC or, from 13 December 2014 with Part D of annex VII of Regulation (EU) 1169/2011 when the latter will enter into force (either by using the term “flavourings” or a more specific name or description of the flavouring). Therefore,

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indications such as ‘artificial flavourings’ and ‘nature identical flavourings’ cannot be used in the list of ingredients as their meaning is not clearly defined and these terms are not more specific for a name or description of a flavouring.

As far as reference in the name of the food (definition1) is concerned, the use of the indications "artificial flavourings" and "nature identical flavourings" are not prohibited.

Q12: Can the statement "no artificial flavourings" be used on labels?

A12: Article 16 of Regulation (EC) no 1334/2008 regulates the use of the term "natural" but does not regulate the use of an expression such as "no artificial flavourings".

Pursuant to Article 2(1)(a) of Directive 2000/13/EC, labelling and methods used must not mislead the purchaser to a material degree, notably as to its composition. Such an assessment should take into account the fact that Article 16 of Regulation 1334/2008 harmonises what flavourings can be labelled as "natural". The statement "no artificial flavourings" can therefore only be used where only natural flavourings are used. [There are no simple references to identify clearly natural flavourings and provided that the individual components are listed].

4. CAFFEINE

Q13: Regulation 1169/2011 (Annex VII, Part D (3)) establishes the obligation to mention caffeine by name in the list of ingredients, when used as a flavouring, immediately after the term ‘flavouring(s)’. This provision is clear when the producer uses caffeine flavouring substance (FL-no 16.016) since it will be included in the labelling as “flavouring caffeine”. But, is it necessary to include this mention when using a different flavouring that intrinsically contains caffeine? For instance, when the producer uses “coffee flavouring” obtained from a food source, does the term “caffeine” have to be included after this denomination?

A13: With regard to the caffeine, Annex VII, Part D(3) of Regulation 1169/2011 maintains the current approach as laid down in Article 1 of Directive 2002/67/EC on the labelling of foodstuffs containing quinine and caffeine, which says: that "...quinine and/or caffeine used as a flavouring in the production or preparation of a food must be mentioned by name in the list of ingredients, immediately after the term "flavouring". The reason for this requirement is explained in the recital 5 to this Directive: "Directive 2000/13/EC does not provide for compulsory and specific mention of flavourings in the list of ingredients. Quinine or caffeine, used as a flavouring, might as a result not be listed by name in the ingredients."

In the light of the above, as regards flavourings that intrinsically contain caffeine, the information related to the presence of caffeine in flavourings should be indicated on the

1 Article 17 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers O.J. L 304 22.11.2011 page 18

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label. In fact, the goal of this requirement is to inform the consumer about the "hidden" content of caffeine. However, one should follow a similar approach as the one provided in Article 2 of Directive 2002/67/EC for beverages containing caffeine. Thus, if the name of the flavouring contains the terms "tea" or "coffee", the reasonable consumer can presume that the flavouring contains caffeine. Therefore, the goal of Article 1 of Directive 2002/67/EC would be achieved. If the name of the flavouring contains the terms "tea" or "coffee" no additional indication concerning caffeine is necessary.

If caffeine is inevitably present in minor amounts in flavourings (for example from decaffeinated coffee) this then should not trigger a specific mention of caffeine in the list of ingredients. The “carried over” quantities that are to be found in the food will be of such a small order of magnitude that they would not have a function in the end product. The labelinglabelling of flavouring in such cases would create consumer expectations which could not be fulfilled and would therefore mislead consumers.

5. SMOKE FLAVOURINGS

Q15: Can a “smoke flavouring” be labelled as “natural flavouring”?

A15: No, smoke flavourings cannot be labelled as "natural flavourings". In accordance with Article 16(2) of Regulation (EC) No 1334/2008 the term "natural" may only be used if the flavouring component comprises only flavouring preparations and/or natural flavouring substances.

Q16aQ16: Should the use of smoke flavourings be mentioned in the list of ingredients when smoke flavourings are applied a) mixed into the product, b) sprayed onto the product or the product is dipped into a solution of smoke flavourings, c) the product is smoked in a smoking chamber by regenerating smoke by using permitted smoke flavourings?

A16aA16. When the smoke flavourings complying with the definition of smoke flavourings established in Regulation. (EC) No 1334/2008 are used in any of the cases mentioned in the question they should be labelled provided that they impart a smoky flavour to the food. The terms used in the list of ingredient should be "smoke flavouring(s)" or smoke flavourings(s) from "food(s)" or "food category" or "source(s)" (e.g. "smoke flavouring produced from beech") in accordance with Directive 2000/13/EEC and Regulation (EC) No. 1169/2011

Q16bQ17: Can the product be labelled as “smoked” when smoke flavourings are applied a) mixed into the product, b) sprayed onto the product or the product is dipped into a solution of smoke flavouring, c) the product is smoked in a smoking chamber by regenerating smoke by using permitted smoke flavourings?

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A16bA17: The term “smoked” should be included in the denomination of the product only when the smoking process is used. When smoking flavourings are used the description should be "with smoke flavourings"smoked flavoured or smoked by regenerated smoke and the list of ingredients should include the term "smoke flavourings". It is possible to have to put the two requirements. When both processes are used (traditional smoking process and the use of smoke flavourings) both labelling provisions have to be mentioned.

[Q18. Can a product smoked by traditional smoke technology be labelled as “naturally smoked product”?

A18. The labelling of smoking by traditional smoking process is outside the scope of the Regulation 1334/2008 and therefore outside of the scope of this document on Questions and Answers on the labelling of flavourings under Regulation (EC) No 1334/2008.

Article 16 of Regulation (EC) no1334/2008 regulates the use of the term "natural" in relation to flavourings but does not regulate the use of equivalent expressions relating to a production process.

Article 2 of Directive 2000/13/EC (from 13/12/2014, Article 7 of Regulation 1169/2011), which prescribe that labelling shall not be misleading, is applicable. Smoking is a form of processing,]

6. LABELLING OF FLAVOURING ADDED TO BUTTER

Description of the situation:

Traditionally butter is produced from matured, sour cream. Nowadays, butter is usually made according to the NIZO process. Using this method, acidification and aroma formation occurs after the sweet cream has been churned. Sweet buttermilk is created during this production process. Aroma can be formed by using distilled butter flavouring (separate preparation delivered by the producer of preparations for food industry).

According to the producer of preparation, butter flavouring is produced from milk – the milk is fermented and steam is distilled. Specially chosen lactic bacteria are used to achieve the preferred flavour profile. The fermentation and distillation process produce a mixture of volatile fermentation products known as butter aromas.

Producer states that it is not necessary to declare butter flavouring described above on the label of butter, because according to Commission Directive 2000/13/EC on labelling, milk products (in this case butter flavouring) need not to be listed on the label of butter.

Q17Q19: Can butter flavouring (distillate of fermented milk) be regarded as milk product defined in Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products?

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If yes, this flavouring need not to be declared on the label of butter, because according to Directive 2000/13/EC on the labelling, milk products need not to be listed on the label of butter.

A17A19: The butter flavouring distillate mentioned in the question is a lactic product. Its inclusion during the production process of the type of butter mentioned in the question is essential. In accordance with Directive 2000/13/EC, being a lactic product, essential for the manufacture of butter, it does not have to be listed on the labelling of butter. Its unnecessary inclusion in the label of butter would mislead the consumer as to the natural composition of butter.

Article 6(2)(b) of Directive 2000/13/EC provides that ingredients need not be listed on the labelling of butter, provided that no ingredient has been added other than lactic products, enzymes and micro-organism cultures essential to its manufacture.

The butter flavouring described above (distillate of fermented milk) should be classified as a flavouring which falls into the scope of Regulation no 1334/2008.

Butter flavouring should not be listed on the label as an ingredient of butter as such flavouring can be regarded as a lactic product.

7. GENETICALLY MODIFIED ORGANISMS (GMOS):

Q18Q20: Some flavourings are produced by microbiological processes (or biotechnological processes) like fermentation or enzymatic processes. What happens when the micro-organisms that perform the fermentation are genetically engineered or if the enzymes are produced by GMO’s? Can these flavourings be labelled as ‘natural’? Is there an obligation to mention the GMO nature of the process on the label of food products?

A18A20: The use of term “natural” does not exclude the production of flavourings from GMO sources. For flavourings from GMO sources, the rules governing the labelling are the GMO labelling rules like for any other ingredient.

If the flavouring is produced by fermentation using a genetically modified microorganism (GMM) which is kept under contained conditions and is not present in the final product, it is not included in the scope of Regulation (EC) No 1829/2003. This food hasve to be considered as having been produced with the GMM, rather than from the GMM.

In the case, a GMM derived enzyme is used during the fermentation of a non-GM flavouring, the flavouring is also out of the scope of Regulation 1829/2003 since the GMM derived enzyme itself is out of the scope ("produced with" GMM).

If, however, the flavouring is produced, in whole or in part, from a GMO, then the flavouring needs an authorisation according to Regulation 1829/2003 and Regulation 1334/2008 and should be labelled as “genetically modified”.

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This Regulation should cover food and feed produced ‘from’ a GMO but not food and feed ‘with’ a GMO. The determining criterion is whether or not material derived from the genetically modified source material is present in the food or in the feed. Processing aids which are only used during the food or feed production process are not covered by the definition of food or feed and, therefore, are not included in the scope of this Regulation. Nor are food and feed which are manufactured with the help of a genetically modified processing aid included in the scope of this Regulation. Thus, products obtained from animals fed with genetically modified feed or treated with genetically modified medicinal products will be subject neither to the authorisation requirements nor to the labelling requirements referred to in this Regulation.

See also Summary record of the 3rd meeting – 24 September 2004 of the Standing Committee on the Food Chain and Animal Health - Section on Genetically Modified Food and Feed and Environmental Risk.2

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Annex: questions for which could be consideration considered at a later stage

The following questions and answers are intended tocould be considered at a later stage after the first questions and answers document is subject to consensus and published and have not been discussed in detail so far.

They are not intended to be part of the document on questions and answers. They could be considered when more experience is gained in a further revision of the document on questions and answers.

They are maintained here in this annex pro memoria.

Graphic representation of flavoured food

The use of graphic representations in the labelling of foods is a matter regulated in under Article 7 of Regulation 11692011 (information on fair information practices). There is room for interpretation and more detailed criteria may be convenient. However the establishment of criteria at Community level can be considered disproportionate and therefore this is left for Member States to consider.

The different criteria used by different Member States may be collated at a later stage.

Q20: Does the incorporation of synthetic flavouring or obtained by biotechnological processes enable the presentation of the aromatic plant on the label?

A20: This type of flavouring can be presented through a stylized representation.

The stylized representation aims to easily identify the flavour of the food product without causing confusion with a realistic representation or making believe that the food product contains the aromatic plant or of natural flavour derived from this aromatic plant. The stylized representation of the aromatic plant is therefore sufficiently distinct from a more realistic representation or a photo.

It is accompanied by a written statement like "taste (or smell or flavour) X" 'in it or in its immediate vicinity, written to be as visible as the name of the aromatic plant. The notion of "lack of realism" of the stylized is assessed, in particular with regard to the flatness and volume (representation "in flat") to avoid confusion with a realistic or photo. This concept is evaluated on a case by case basis, and for some presentations, the fact that the natural colour of the fruit or ingredient is used, could be taken into account in assessing the realistic representation.

In the case of an aromatic plant implemented at a low dose for flavouring (herbs, spices), the stylization of the herb may in some cases be difficult to distinguish from a realistic representation, or the stylized representation cannot be sufficiently

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distinct from a realistic representation. Therefore, the "evocation of flavour, the flavour of the shape and colour of the aromatic plant" should rather be not in a stylized or an oversimplification of the herb but an evocation through a colour code (green pistachio, lemon, vanilla yellow) and / or decor.

Q21: What about the case when a flavouring (natural or synthetic) is incorporated with the aromatic plant?

A21: The aromatic plant is no longer considered "typical" but would become a sort of "alibi" if it was not implemented in sufficient proportions (including levels below significant thresholds that are or will be defined in various sectors), and if it was not contributing significantly to the perceived flavour note.

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Q22: Would the use of images/pictures on food labels be permitted when flavourings are used in the product and no fruit is used?

Would the use of images/pictures on food labels lead the consumer to assume that the flavour of the food is obtained from the fruit named in the product? Is this assumption reinforced if an illustration of the fruit is also provided in the labelling? For example, if the product name was ‘Pomegranate water’ and images of pomegranates were used on the label– then is the consumer likely to expect the flavour of the product is provided by pomegranate and would expect to see it listed as an ingredient ? As it is emphasised in the labelling Directive, a Quid declaration could be expected, however, Directive 2000/13/EC does provide a derogation from the Quid requirement for ingredients which are used in small quantities for the purposes of flavouring. However, if a consumer is purchasing a product such as a beverage simply because of its flavour should the derogation apply?

If the sales name of the product was ‘water with a hint of natural pomegranate flavour’ would it be acceptable to use images of pomegranates on the label as the purchaser is informed that the flavour is from a natural pomegranate flavouring.

Should images of pomegranates be permitted where the product contains no fruit but does contain ‘X flavouring with other natural flavourings’

Should images be permitted where the ingredient is ‘flavouring’ and no pomegranates are contained in the product?

In addition if ‘product’ specific legislation would not permit an ingredient to carry a certain name e.g. in the case of flavourings if the content is below a certain level it has to be named ‘X flavouring with other natural flavourings’, rather than just “X flavouring’ then would the use of a pictorial image which reinforces the presence of the X ingredient in the mind of the purchaser be considered misleading particularly when taking the amount of the ingredient present in the final product.

A21. ….

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