The list of ingredients of a foodstuff containing a vitamin does not have to mention the specific vitamin formula used, the Court of Justice of the European Union ruled on Thursday 24 March (Case C-533/20).
The Upfield Hungary company, which markets margarine labelled with the words ‘Vitamins (A, D)’, is challenging the Hungarian authorities' request to indicate the names of the specific vitamin formulas used in the product.
In its judgment, the Court notes that, if a vitamin is added to a foodstuff, it must be indicated in the list of ingredients that must appear on the product's label.
According to the Regulation (119/2011) on the provision of food information to consumers, the ingredients of a foodstuff must be designated by their specific name. The name of the ingredients shall be understood to be (1) the legal name of the ingredient concerned or, (2) in the absence of a legal name, the common name of that ingredient, or (3) in the absence of such a common name or if it is not used, a descriptive name.
However, the Court noted that in the absence of further details, it is not clear from EU law which name should be used for a vitamin that is part of the ingredients.
However, the European judge notes that, for the purposes of their indication in the nutrition declaration for a foodstuff, which must appear on the label in addition to the list of ingredients, the regulation refers to vitamins under names such as ‘Vitamin A’, ‘Vitamin D’ or ‘Vitamin E’. And it notes that, in order to ensure the consistent interpretation and application of the Regulation and to guarantee clear, precise and easily understandable information for consumers, it is under these same names that such vitamins must also be designated for the purpose of their indication in the list of ingredients.
See the judgment: https://aeur.eu/f/xn (Original version in French by Mathieu Bion)