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France allows labelling flexibility as food brands find sunflower oil substitutes

French authorities have temporarily allowed food manufacturers to use alternatives to sunflower oil without changing their products labelling, following shortages caused by the war in Ukraine.

Manufacturers in France can change their product labels for up to six months if they have swapped sunflower oil for a substitute ingredient, following shortages caused by Russia’s invasion of Ukraine, a leading sunflower oil exporter. Brands have been forced to find alternatives such as rapeseed oil, palm oil and soybean oil following blocked shipments.

“The war in Ukraine is affecting food industry supply for the production of certain foodstuffs,” said the Directorate General for Competition, Consumer Affairs and Fraud Control (DGCCRF, in French). “The need to quickly switch to other ingredient(s), in a timeframe that is incompatible with the printing of new packaging, is in some cases preventing companies from fully complying with all labelling requirements food, and in particular, those concerning the list of ingredients. Faced with this situation, some flexibility is allowed in implementing labelling requirements.

“The objective is to ensure the availability of foodstuffs on the market while guaranteeing safety and preserving consumer information,” it added.

Manufacturers must submit a request for a temporary waiver to the DGCCRF. If accepted, they can change their formulation for a maximum period of six months from the date of the request, which will be reviewed after three months.

Before granting the request, the French authority determines that the difference between the actual product composition and its labelling does not pose a risk to the consumer and does not remove essential product information regarding quality.

If substituting for an allergenic ingredient, for instance, brands are required provide information on their labelling in a visible and legible way.

“Cases of allergen addition to date only concern soy (via the introduction of soy lecithin) and peanuts (via the introduction of peanut oil). However, the addition of another allergen cannot be excluded in the future,” said the DGCCRF, adding that fully refined soybean oil is not considered to be capable of causing allergies or intolerances.

Similarly, a brand whose product is organic, non-GM or marketed as palm oil-free must clearly and explicitly inform consumers about the addition of a non-organic or GM ingredient, or the inclusion of palm oil.

The DGCCRF has published a list of manufacturers and retailers that have already changed their products’ formulation, showing the extent to which many different food categories are being impacted by the sunflower oil shortages.

The list, which features hundreds of products, includes Netto tiramisu, Belin lentil chips, Turini tomato bolognaise sauce, Monoprix chocolate, Maison Briau stuffed squid, and Leclerc meat tortellini.

Finding functional substitutes to sunflower oil is being furthered hampered by Indonesia’s recent ban on palm oil exports. The country, which is the world’s biggest producer of palm oil, recently announced the protectionist measure in a bid to ensure domestic supplies of the basic foodstuff, which is commonly used as a cooking oil in Indonesia.

The list published by DGCCRF shows that, to date, many French manufacturers are swapping sunflower oil for rapeseed oil (colza), informing consumers via inkjet printing on labels.

The French branch of non-profit watchdog Foodwatch, which recently launched a petition demanding that consumers be informed of any changes, praised the transparency of this initiative but said that more could be done. It would like to see information on supermarket shelves in addition to on product labelling and via the DGCCRF website.

“The need for flexibility to avoid production disruptions is understandable, and we understand that there may be occasional deviations from the ingredient lists,” it said. “But it does not prevent manufacturers from communicating clearly on these changes: [there should be] no derogations on our right to information!”

Pan-European consumer rights organisation BEUC has flagged concerns about the variations in measures being adopted in different EU countries.

“While this situation may warrant temporary flexibility in the enforcement of food labelling rules, we wish to ensure that contingency measures on food labelling are harmonised, proportionate, and remain in place for no longer than necessary,” wrote senior BEUC food policy officer Camille Perrin in an open letter addressed to Sabine Pelsser, head of food information and composition at the European Commission’s DG SANTE. “Yet, feedback from our members across Europe suggests that national responses to industry calls for food labelling derogations have been inconsistent so far – with concrete implications for food composition transparency, consumer information and, potentially, health.”

Italy, for instance, proposed that manufacturers may use the generic term ‘vegetable oils and fats’ in the list of ingredients followed by a list of the botanical origins potentially present in the food based on availability of supplies, BEUC noted.

Perrin called on Pelsser to ensure a more consistent and harmonised approach to food labelling flexibility in the wake of the war in Ukraine.

Food industry trade association FoodDrinkEurope said that processors and retailers or wholesalers need labelling flexibility as they respond to the rapidly changing availability of ingredients.

“This must not come at the expense of food safety or consumer access to the right information, and wherever possible, favour EU-produced alternatives,” it said.