EU legislation on faux fish products

Subject: EU legislation on faux fish products

According to the Power of Plant-Based Alternative Foods and Beverages 2023 report drafted by specialist consulting firm NielsenIQ on behalf of the North American Food Industry Association, 54 % of consumers surveyed acknowledge that they have difficulties differentiating products containing plant-based proteins from products containing other types of proteins on supermarket shelves. The study also found that 58 % admit to putting some or even a lot of time into understanding labels.

The term ‘plant-based’ has not been clearly defined nor regulated. According to the ‘Farm to Fork’ strategy, a plant-based diet involves eating more vegetables, fruits and pulses, but not necessarily eliminating animal proteins. In other words, the aim of the strategy is to promote what is known worldwide as the Mediterranean diet.

Using the same term ‘plant-based’ and putting unclear information on packaging and labels therefore increases the sales of these faux fish products, which are ultra-processed foods that take advantage of the nutritional qualities of real fish products.

In light of the above:

1. Has the Commission investigated this problem?

2. Does it acknowledge that the EU needs to regulate the labelling of plant-based products?

Submitted: 8.12.2023

Answer given by Ms Kyriakides on behalf of the European Commission (12 February 2024)

Regulation (EU) No 1169/2011 (1) provides the basis for the assurance of a high level of consumer protection in relation to food information, including information provided with regard to plant-based products.

The regulation requires, amongst others, the indication on food labels of the list of ingredients and of the nutritional declaration. It mandates that all food information must be accurate, clear and easy to understand for the consumer.

Both mandatory and voluntary food information must not be misleading, amongst others, as to the characteristics of the food, including its composition, by attributing to the food effects or properties which it does not possess, or by suggesting, by means of the appearance, the description or pictorial representations, the presence of a particular food or an ingredient, while in reality a component naturally present or an ingredient normally used in that food has been substituted with a different component or a different ingredient.

It is for Member States to enforce the regulation, notably to ensure that EU consumers are not exposed to misleading food information.

The assessment of whether or not a given term can mislead consumers has a linguistic and cultural dimension and national authorities are best placed to carry out such an assessment in light of the existing provisions of the regulation.

1 ∙ ⸱ 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,

amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004, OJ L 304, 22.11.2011, p. 18.