New legal analysis shows: EU Member States Can Make Nutri-Score Mandatory – It's a Matter of Political Will
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Consumer rights organisation foodwatch has published a legal memorandum concluding that an EU Member State can make the case that the Nutri-Score nutrition label be mandatory at national level – and that doing so is compatible with existing European Union food law.
Alongside the legal memorandum, foodwatch has launched a public petition addressed to all countries that have already introduced Nutri-Score on a voluntary basis – including Germany, France, Belgium, the Netherlands, Spain and Luxembourg. The petition calls on these governments to take the next decisive step and make Nutri-Score mandatory.
"Voluntary labelling is not enough," said Suzy Sumner from foodwatch International. "As long as Nutri-Score remains optional, food manufacturers can simply choose not to use it – leaving consumers in the dark about the nutritional quality of the products they buy. Governments need to stop finding excuses and follow both the science and the law to make Nutri-Score compulsory on all food products."
The memorandum written by legal expert Dr Nikhil Gokani examines whether national legislation requiring mandatory Nutri-Score labelling is permissible under EU law, specifically in relation to the Food Information to Consumers Regulation (FIC Regulation, 1169/2011). Its conclusion is unambiguous: because front-of-pack nutrition labelling (FoPNL) has not been "specifically harmonised" at EU level, Member States retain the legal competence to introduce their own mandatory requirements – provided those requirements meet the conditions set out in the FIC Regulation and relevant Treaty provisions.
Nutri-Score meets legal requirements
Under the FIC Regulation, any national measure must be accurate, non-misleading, clear and easy to understand, as well as proportionate and necessary for achieving its public health objectives.
The memorandum concludes that a Member State is not precluded from adopting a national law requiring mandatory Nutri-Score. Nutri-Score is a label that could satisfy the requirements. Crucially, in the absence of a harmonised EU-wide front-of-pack nutrition label, it is difficult to identify any equally effective yet less restrictive alternative to mandatory Nutri-Score labelling – strengthening the legal case for its proportionality.
“Mandatory Nutri-Score is a proportionate way to give consumers accurate and easy to understand nutrition information. It supports the long-standing EU law principle that food information should enable informed food choices and helps secure consumers’ right to information”, said Dr Nikhil Gokani.
Political will, not legal barriers, is the obstacle
The foodwatch memorandum makes clear that the legal path is open. Governments that want to protect the health of their citizens by making Nutri-Score mandatory can do so under existing EU law. foodwatch calls on national governments across the EU to stop hiding behind legal uncertainty and to take decisive action. With obesity and diet-related disease on the rise, mandatory front-of-pack nutrition labelling is a proven, effective tool that authorities can and should deploy now.
Nutri-Score under attack from industry
foodwatch calls on governments to prioritise the health of their citizens over the profit interests of large corporations. According to the consumer organisation, the current Lactalis case shows just how vehemently parts of industry are fighting Nutri-Score. The French dairy company, one of the largest in Europe, recently lodged a complaint with the French Council of State, making claims that the Nutri-Score was incompatible with the EU regulation on food information to consumers. The case will be referred to the Court of Justice of the European Union (CJEU).