sanctions or, in certain jurisdictions, even criminal liability under national food law. Finally, the FIC Regulation also governs the voluntary provision of food information, such as nutrition values or health-related claims which ones must not mislead consumers, be ambiguous or confusing, and, where appropriate, be based on relevant scientific data. Thus, if a restaurant chooses to display caloric content or labels certain menu items as “healthy”, “light” or “low fat,” such declarations must comply with both the general truthfulness requirements of the FIC Regulation and, if they are health-related claims, to the specific authorisation requirements under the NHCR. Therefore, any voluntary information, though not mandatory, is therefore not legally neutral, and its provision creates binding obligations in terms of accuracy and reliability29. The European Commission issued a Commission Notice in 2017 offering guidance on providing information on allergens as per Annex II of Regulation 1169/2011 to help restaurants comply with allergen information rules 30. This Notice clarifies best practices—for example, advising how to display allergen info in written form and stressing that allergen info must be readily available and not solely upon the consumer’s unsolicited request unless a Member State allows it under certain conditions. It underscores that consistency and accuracy in allergen communication is vital, given that consumers with allergies rely on this information for their health. The role of the European Food Safety Authority (EFSA) is also notable, because EFSA’s scientific opinions on allergens (e.g. evaluating threshold levels that trigger allergic reactions) support the regulatory framework and potential future improvements. For instance, EFSA has examined the possibility of setting threshold levels for allergen content in foods and has affirmed the critical importance of allergen labeling for consumer safety. While the FIC Regulation governs the mandatory provision of food information, NHCR focuses on voluntary commercial communications that suggest beneficial nutritional or physiological properties of food. Its scope also extends to restaurant menus, verbal presentations, and promotional materials whenever they include claims such as “low-fat,” “rich in omega-3,” “helps lower cholesterol,” or 29 https://measurlabs.com/blog/food-labeling-requirements-and-testing-in-europe/ (access: 1.05.2025). 30 Commission Notice of 13 July 2017 relating to the provision of information on substances or products causing allergies or intolerances as listed in Annex II to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers: https://eur-lex.europa.eu/legal-content/EN/ TXT/?uri=oj:JOC_2017_428_R_0001#:~:text=Commission%20Notice%20of%2013%20July,of%20food%20 information%20to%20consumers (access: 1.05.2025). 550 KAROLINA PRUCHNIEWICZ
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