Both Fentimans and Pret a Manger have landed in hot water recently as a result of labelling issues, notes Pauline Munro


Two recent cases involving UK companies highlight the difficulties facing food manufacturers and retailers regarding labelling, and show that following regulatory guidelines doesn't always keep you out of trouble.

Lemonade brand Fentimans has faced complaints in the US for containing trace amounts of alcohol, while sandwich chain Pret a Manger came under fire for not reporting the origins of chicken and fish used in certain products.

In the instance with Fentimans, the level of alcohol in the product was minimal, yet campaign groups in the US claimed it was passing itself off as 'imitation liquor' and should be reclassified as an alcoholic beverage only available to those over 21. Meanwhile, Pret a Manger, which has admitted fish and chicken in some products was frozen and shipped from abroad, have faced the wrath of consumers who feel they've been misled over the company's 'just made' advertising tagline.

Cases like these, where labelling is questioned, are becoming increasingly common as consumers look more closely at purchases. But manufacturers face real difficulties deciding how to label products and what information to include balancing the need to follow regulations with those of branding and marketing in the little space available on packaging and in-store displays.

Neither Fentimans nor Pret has done wrong by the letter of the law, but the spirit of food labelling is increasingly coming to the fore as consumers demand more transparency. These cases show that manufacturers need to ensure they not only comply with guidelines on food labelling, but also highlight the importance of ensuring consumers are aware of exactly what they are purchasing. Getting it wrong can not only lead to prosecution, but also severe commercial damage.

Fentimans has been able to shrug off much of the publicity around its story, and has even seen an increase in inquiries as a result, but Pret a Manger has struggled. Until there is more guidance from regulators and greater collaboration between various parts of the industry on food labelling, we're bound to see more stories like this in the future.

Pauline Munro is a legal director in the regulatory team at Pinsent Masons.

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