Food product, thy name is…?
Deciding on the name for a food product is one of the most important parts of the product development journey. With so many products already out there, coming up with something novel but effective can be quite challenging. And having to meet the requirements of the various food regulations doesn’t make it easier for us! Due to the nature of the South African regulatory framework, and depending on the type of product, there may be several regulations that must be considered when naming a food product.
Regulations relating to the labelling and advertising of foodstuffs (R. 146/2010 as amended):
First and foremost, one needs to consider the definition of ‘name’ in this context: “a word or words giving a true description of the nature of the food product concerned, sufficiently precise to avoid misleading or confusing the consumer with regard to the true nature, physical condition, type of packing medium, style, condition and type of treatment it has undergone”. So, the ‘product name’ is not the brand or trade name; for example, the product name would not be ‘Coco Pops’ but ‘breakfast cereal’.
In addition to the name, a descriptor may be used: “Where a foodstuff contains a flavouring of an ingredient, but not the real ingredient itself, the words ‘flavouring’ or ‘flavoured’ shall accompany the name or the descriptor of the product to clearly indicate that only a flavouring was used and not the real ingredient itself.” So for example if a product does not contain real strawberries, the phrase ‘strawberry flavoured’ must be used.
Also part of this regulation are the requirements for using wording or claims such as ‘lite’, ‘high protein’, ‘original’, ‘natural’, ‘pure’, ‘traditional’, ‘authentic’ or ‘handmade’. And note that health-related claims in any form are prohibited; so steer clear of any terms that allude to or imply health, goodness or nutrition.
Codex Alimentarius:
In addition to the above, R. 146 also states that “where a name or names have been established for a food in a Codex Alimentarius Standard, at least one of these names shall be used”. For example, if your product is a chocolate, the product name must be in line with the Standard for Chocolate and Chocolate Products (CODEX STAN 87-1981), which stipulates compositional requirements for naming your product ‘chocolate’, ‘dark chocolate’, etc.
Compositional standards:
Under the Department of Agriculture, Land Reform and Rural Development (DALRRD) and the National Regulatory for Compulsory Specifications (NRCS) there are regulations and compulsory specifications respectively that stipulate compositional and quality requirements. Some are very specific as to the product name that must be used. For example, there are differences in when you may name your product a ‘fruit juice’ vs a ‘fruit nectar’, ‘ice cream’ vs ‘dairy ice cream’, ‘mayonnaise’ vs ‘salad cream’, ‘light meat tuna shredded in brine’ vs ‘tuna solid with vegetable oil’, or ‘bacon’ vs ‘reformed bacon’. And no product may be named in a similar way unless it meets the stringent requirements.
Geographical indicators (GIs):
In certain cases, you may need to consider whether your product is associated with GIs. Where a product has a listed GI, the specific name may not be used on products that are not from this area. South African examples of GIs protected through international protocols include ‘Honeybush’ tea (Eastern Cape and Western Cape), ‘Rooibos’ tea (Cederberg area), ‘Karoo’ lamb (Karoo region), and various wines.
One last thing to remember is that the brand name or trade name may be used in addition to the product name and can therefore also assist in describing the product. However, you must ensure that the brand/trade name is not in contravention of any of the regulations – even if it is trademarked! – and the product name can still stand on its own.
To ensure that your product is in line with all regulations, contact our regulatory team.
Other articles you may be interested in:
South Africa’s Regulatory Framework
Geographical indicators: What’s in a name?