On-going court cases against two leading UK multiples regarding health claims made on their fresh produce packaging have incensed the trade and retailers and threaten the government's five-a-day health message.
Tesco is being prosecuted by Shropshire County Council for an alleged contravention last autumn of the 1996 Food Labelling Regulations for its Cancer Research UK supported message "Eat at least five different portions of fruit and vegetables a day to help prevent cancer". The store changed all packaging once court proceedings began last year to read "...a day for healthier living".
"This is a pretty crazy prosecution," said a Tesco spokesman. "We were supporting an important government public health message and now 13 million customers are seeing a weaker message." The store regards it as particularly unhelpful that the council is proceeding with a prosecution despite the fact Tesco changed its packaging months ago.
Meanwhile, David Edwards of the trading standards service at Shropshire CC said: "The food labelling regulations prohibit claims which imply that food has a property of treating, preventing or curing a human disease. Our allegation is that Tesco is in contravention of that provision."
But the wider implication is that national government and local governments are putting out a confused message to consumers especially as Swindon Borough Council is prosecuting Asda for alleged contravention of the Food Labelling and Cancer Act 1939 for shelf barkers displayed in March this year alongside mangoes. The line local trading standards officers objected to was: "their antioxidant properties help to fight against cancer".
An Asda spokeswoman said the store was "very disappointed' with the prosecution. "These pieces of legislation are there to stop people making bogus claims," she said. "Our situation is that we are called on by our customers, government, the health sector and parents to make a bigger effort in promoting the health benefits of fruit and vegetables. And there is wide evidence to support these." The information for the Asda displays has been taken from Department of Health and Food Standards Agency websites as well as the NHS Cancer Plan. "We are simply echoing their health message," said the store spokeswoman.
Swindon Borough Council was unable to comment on its reasons for bringing the case which is due back in court on May 24.
The Fresh Produce Consortium is also dismayed at the prosecutions. " It is very disappointing at a time when so much is being done to promote best dietary practice to improve health and avert obesity, that action should be taken against major participants who may have inadvertently and finely crossed the line of the law in their description of fresh produce benefits," said FPC president Alan McCutchion. "Any prosecutions must surely be counter-productive to the main message being promoted by government."
And Roger Manning of Intertrade International who also sits on the Freshfel promotion working group is calling on governmentand the trade to adopt a joined up approach. "Clearly we need to clarify, not just in the UK, but on a European basis exactly what health claims we can promote as benefits of fresh produce consumption," said Manning. "Directives on this subject for the industry and all parties would be helpful and we must work with our trade associations in a joint effort between health authorities, government and the industry."
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