Distance selling
Article 14 of Regulation (EU) No. 1169/2011 lays down requirements for food offered for sale by means of means of distance communication. A means of distance communication is defined as "any means which, without the simultaneous physical presence of supplier and consumer, can be used for the conclusion of the contract between these parties.
A webshop falls under this definition. For pre-packaged food offered for sale through a webshop, it applies that:
'the mandatory food information, with the exception of the data in Article 9(1)(f), shall be available before the purchase takes place, and shall appear on the material supporting the distance selling or be provided by other appropriate means clearly indicated by the food business operator. When other appropriate means are used, the mandatory food information shall be provided without the food business operator charging consumers additional fees.'
Mandatory food information easily accessible
This means that all mandatory disclosures, such as name, ingredients, allergens and nutritional values, among others, must be provided on the website. The expiration date need not be available prior to purchase. Article 12(1) states that mandatory food information must be available and easily accessible. So make sure the information is easy and free of charge for consumers to find. In addition, all mandatory information, including the expiration date, must be available at the time of delivery.
Misleading
Regulation (EU) No. 1169/2011 states that food information must not be misleading. Food information here means not only the information on the label, but also the information made available by other means such as modern technology tools. Thus, it is important that the website does not contain misleading information.
Beware of claims
Claims such as: 'This product helps with...','is rich in...' or 'light', must comply with the provisions of Regulation (EC) No 1924/2006 on nutrition and health claims made on foods. This regulation applies to nutrition and health claims made in commercial communications. This can be in the labeling or presentation of the food, but also in advertising made for it. Make sure that only permitted claims are mentioned on the web shop.
Ask your labeling question
Not sure if your webshop is compliant? Do you have questions about the application of the legislation? Our team of Labeling Specialists is ready to help you with expert advice, so you can ensure the correct, honest information on your products.