The Ministry of Social Rights, Consumer Affairs and the 2030 Agenda has imposed a fine of €30,000 on a retail food distributor for various infringements relating to the marketing of a speciality bread under its own brand. Furthermore, the decision includes an additional penalty requiring the company to rectify the breaches identified.
The infringements penalised relate to the incorrect product name in relation to the percentage of wholemeal flour used, the absence on the label of the contact details of the company responsible for marketing the product, and the use of presentation elements likely to mislead consumers as to the actual quantity of wholemeal cereal present in the product.
With this action, the Ministry reinforces the position maintained by consumer authorities that distributors are responsible for the information provided on products marketed under their brand, even when they are not directly involved in their manufacture or packaging. Consequently, the company owning the private label must ensure that the information provided to consumers complies with current regulations and is not misleading.
Incorrect labelling of a special bread
The penalty stems from the sale of a special bread shaped like a tortilla, the labelling of which did not comply with the requirements set out in the regulations. The Consumer Affairs Department points out that this type of product must be labelled as ‘tortilla made from’ followed by the names of all the cereals used in its production.
In the case in question, the name referred exclusively to a type of wholemeal flour used, a practice permitted for ordinary bread but not for speciality breads, whose composition may include a wider variety of raw materials (treated flours, milk, eggs, fruit, etc.). According to the regulations, the name of speciality breads must list all the cereals present to avoid confusion among consumers.
Responsibility for food information
The resolution also points out that the labelling of food products must include the name or business name and address of the operator responsible for the food information. In the case of products sold under a distributor's brand, this responsibility lies with the company that owns the brand and not with the manufacturer, where the manufacturer is not involved in the marketing of the product.
In this case, the labelling only included the contact details of the manufacturing company, omitting those of the distributor responsible for marketing the product.
Misleading product presentation
Furthermore, the Department of Consumer Affairs has concluded that the images used on the packaging could mislead the average consumer as to the product’s actual composition, as they suggested that the wholemeal cereal depicted was the only ingredient used in its manufacture, when in fact other refined flours had also been used.
The Ministry points out that consumer protection regulations prohibit any practice likely to create a mistaken impression regarding the characteristics of a food product. In this regard, the case law of the Court of Justice of the European Union has established that the misleading nature of a product may stem from its presentation, even when the information on its composition is correctly detailed on the label.
The sanctioned company may lodge an appeal with the Contentious-Administrative Chamber of the High Court of Justice of Madrid within two months of receiving the decision.
Source of information: Ministry of Social Rights, Consumer Affairs and the 2030 Agenda.