Healthier alternatives and organic products are a trend. A pretty good trend, if you ask me. Obviously the suppliers of these products advertise with the good and distinctive characteristics. But beware: a claim such as "healthier and 100% organic" must be correct. The manufacturer of the soft drink Oggu had to proof this.
The Advertising Code Committee ("RCC") received several complaints about advertisements of Oggu (including website and television commercial). They would be misleading. Oggu claims that its soft drinks are only made from natural ingredients. The Oggu soft drinks would be 100% organic and healthier. That claim can be misleading.
The RCC concluded that Oggu may not claim that its soft drinks are 100% organic, because not all ingredients meet the strict European requirements for the label “organic” (see: EC/834/2007 and EC/889/2008). Oggu proved all ingredients to be organic, except for one: water. Water is no agricultural ingredient and is therefore not eligible for certification as organic, according to the RCC. The soft drinks consist largely of water and therefore the advertising of Oggu would contain inaccurate information. A remarkable conclusion. Especially when you consider that under the applicable European law in order to determine whether a product is produced mainly from ingredients of agricultural origin – and can therefore be labeled as “organic” – added water shall not be taken into account.
It is important to pay close attention when making claims about organic products. Think carefully about the claims on packages and in advertisements. And in the unlikely event a complaint is made, be sure to conduct a well-substantiated defense.
Christine Fontaine – food law specialist and advertising lawyer
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Healthier alternatives and organic products are a trend. A pretty good trend, if you ask me. Obviously the suppliers of these products advertise with the good and distinctive characteristics. But beware: a claim such as "healthier and 100% organic" must be correct. The manufacturer of the soft drink Oggu had to proof this.
The Advertising Code Committee ("RCC") received several complaints about advertisements of Oggu (including website and television commercial). They would be misleading. Oggu claims that its soft drinks are only made from natural ingredients. The Oggu soft drinks would be 100% organic and healthier. That claim can be misleading.
The RCC concluded that Oggu may not claim that its soft drinks are 100% organic, because not all ingredients meet the strict European requirements for the label “organic” (see: EC/834/2007 and EC/889/2008). Oggu proved all ingredients to be organic, except for one: water. Water is no agricultural ingredient and is therefore not eligible for certification as organic, according to the RCC. The soft drinks consist largely of water and therefore the advertising of Oggu would contain inaccurate information. A remarkable conclusion. Especially when you consider that under the applicable European law in order to determine whether a product is produced mainly from ingredients of agricultural origin – and can therefore be labeled as “organic” – added water shall not be taken into account.
It is important to pay close attention when making claims about organic products. Think carefully about the claims on packages and in advertisements. And in the unlikely event a complaint is made, be sure to conduct a well-substantiated defense.
Christine Fontaine – food law specialist and advertising lawyer