An update on ‘negative claims’ in the EU and in EU Member States

Abstract

Legal issues surrounding the labelling of foodstuffs are plentiful. An important example is the use of ‘negative claims’, indicating that certain substances are not present. This article addresses legitimate uses of such claims in the EU, including nutrition claims, ‘gluten-free’ claims, and ‘lactose-free’ claims. Some EU Member States have also legislated on ‘GMO-free’ claims. Finally, the article reviews the legitimacy of two labelling matters of practical relevance, namely ‘clean labels’ or voluntary ‘negative claims’, such as ‘without additives’, and, second, ‘negative claims’ with the implied message that whatever is used instead of the substance is safer, healthier, or better.