Vegan labelling: Requirements & limitations

With the current shift towards vegan diets, there has been notable consumer (and consequently, food industry) attentiveness towards vegan-related food products. This has exposed potential gaps in the regulations, and in turn, in the industry’s understanding of what is required for this type of product – especially when it comes to processing and labelling.

Regulatory requirements: how and for what reason could a product be labelled ‘vegan’?

The R. 146 labelling regulations define vegan terminology and how to indicate ‘vegan’ on a product label; they state the following, in terms of claim requirements:

Definition

‘Vegetarian’ means a diet which (i) consists of ingredients of multi-cellular plant, fungal, algal and bacterial origin; (ii) may include honey, dairy foods produced without any slaughter by-products, and/or unfertilised eggs obtained from live animals; and (iii) excludes all animal flesh and products obtained from the slaughter of an animal, such as gelatine, animal fats, caviar and roe.

‘Strict vegetarian diet’ means a diet which excludes all ingredients and additives derived from animal origin, and the expression ‘vegan diet’ has the same meaning.

Claims

Claims that a foodstuff is suitable for vegetarians shall specify the category of vegetarian by adding one or a combination of the following prefixes to the word ‘vegetarian’:

(a) ‘Lacto (milk)’ – means milk and milk products are included, but products in which animal rennet is used during preparation are excluded.

(b) ‘Ovo (egg)’ – means unfertilised eggs (preferably free-range) and egg products are included.

(c) ‘Honey’ – means honey is included.

(d) ‘Strict vegetarian’ or ‘vegan’ means ingredients of multicellular plant, fungal, algal and bacterial origin are included, but all ingredients and additives derived from animal origin are excluded.

When a foodstuff is manufactured for the ‘strict vegetarian’ or ‘vegan’ market and a claim in respect of ‘strict vegetarian’ or ‘vegan’ is made on the label, and it is not possible to conclude from the name of the ingredient or additive that they are derived from non-vegetarian origin, any additive (refer to Annexure 1) or ingredient (refer to Guideline 9) derived from non-vegetarian origin which is added to the foodstuff shall be declared as ‘non-vegetarian origin’ or in words that specify the source in parenthesis after the name of the additive or ingredient.

Regulatory limitations: what is excluded, and why is this a problem?

The current labelling regulations do not address potential cross-contact from animal and animal-derived ingredients, animal material processing aids and management or controls of manufacturing processes.

Products labelled and marketed as suitable for vegans and vegetarians have been found to contain traces of animal substances, originating from shared production lines and equipment during the manufacturing process or a contaminated product in the supply chain.

Similarly to meat products, vegan and vegetarian products are also subject to adulteration, and may therefore contain deliberately added undeclared animal derivatives or ingredients.

A comprehensive regulatory framework results in a situation in which the supply chain comprehends that it must comply; and consumers can then trust the products provided.

The current lack of criteria for the use of vegan-related terms in food labelling and manufacturing may result in complications, including – but not limited to – the following:

Food Safety concerns

In South Africa, four of the eight regulated common food allergens are of animal origin, namely cow’s milk, egg, fish and shellfish. A vegan/strict vegetarian claim, to the consumer, suggests that a product contains no animal products or by-products, and therefore creates the risk that an allergic consumer could be misled into assuming that the product is safe for consumption. There is an evident risk to allergic consumers who treat ‘vegan’ claims and allergen absence claims (e.g. ‘milk-free’) as equivalent, and this could have serious health implications.

Although allergen precautionary labelling (specifically related to food allergens associated with animal products) is allowed on a product that is classified or claimed to be suitable for vegans, there is a risk that consumers will assume that the product does not contain any traces of animal substances.

Ethical concerns

Consumers must be protected not only from a food safety perspective, but also from an ethical standpoint. This is not a problem exclusive to vegans; it also affects religious classifications such as Halal, Kosher, etc. Vegan lifestyles are frequently driven by strong ethical concerns, and products suitable for these diets often come at a premium price. Ensuring that consumers are not exploited, whether financially or morally, is essential.

Naming conventions

The labelling regulations (R. 146) require all food labels to include an adequately descriptive product name; yet there is little guidance on the naming of plant-based and vegan products.

The processed meat regulations (R. 1283), which fall under the Department of Agriculture, Land Reform and Rural Development (DALRRD), state explicitly that R. 1283 does not apply to meat analogue products; however, it provides no guidance on acceptable names for these products. This means it is unclear whether or not terms such as ‘patty’, ‘nugget’ and ‘sausage’ may be associated with processed meat products only.

DALRRD has also stated that an ‘eggs’ claim is not permitted on plant-based products intended to substitute for or imitate eggs. However, the regulations on dairy and imitation dairy products (R. 1510) allow the use of the term ‘milk’ on plant-based and vegan products (e.g. almond milk).

These inconsistent requirements for naming plant-based and vegan products, together with a lack of guidance, make it difficult for the industry to ensure compliance.

Supplier and consumer assurance

A food manufacturing company requires stringent brand management, and a comprehensive programme to consolidate the numerous aspects of the manufacture and sale of their products. This must include compliance with food and consumer legislation, along with identifying vulnerabilities for each product type. Ensuring brand assurance down the supply chain results in confidence in product integrity from the manufacturing side, and builds trust in the consumer market. The current lack of criteria can result in compromised brand assurance.

Conclusion: the way forward

The shift to plant-based has revealed potential shortfalls in the current requirements of vegan foodstuffs. A change in consumer trends, science, environment or technology – and consequently, food industry movement – is usually the catalyst for regulatory alterations and adaptions.

Despite the current absence of regulatory guidance in terms of vegan product integrity, it is still the food industry’s responsibility to ensure product authenticity and consumer protection; by employing and implementing good practices and comprehensive controls throughout the supply chain, while adhering strictly to established regulatory requirements (such as allergen control).

For more information regards our Vegan Product Integrity services please contact us.

Other articles and resources you may be interested in:
Vegan diets: Breaking down plant-based diets
Vegan labelling: Testing to validate claims
FACTS vegan screens by Targeted Proteomics (by-LC-MSMS)
Distinguishing between plant-based diets
Time to de‘fine’ vegan wine