https://www.polity.org.za
Deepening Democracy through Access to Information
Home / Legal Briefs / Other Briefs RSS ← Back
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Sponsored by

Close

Embed Video

Labelling requirements of foodstuffs for infants and young children (Part 2)

Labelling requirements of foodstuffs for infants and young children (Part 2)

25th February 2015

SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

In the previous article the general implications of the Regulations Relating to Foodstuffs for Infants and Young Children (“the Regulations”) was discussed, with respect to the labelling requirements of baby food products.

More importantly, the Regulations have a direct impact on trade mark owners. They strictly prohibit the use of certain graphics, claims and words on the labelling of baby food products, regardless of the fact that the graphic or word may serve a trade mark function or not. For example, any logo which incorporates pictures of infants or young children is prohibited. The consequence of this prohibition has a huge impact on baby food manufacturers, because if the baby food manufacturer is the owner of a registered trade mark, which incorporates a picture of a baby, that trade mark may no longer be used on his baby food products.

Advertisement

It is, therefore, imperative for manufacturers of baby food, who are also trade mark owners, to review their product packaging to ensure that it is in line with the requirements set by the Regulations.

The aim of the Regulations is to promote healthy nutrition habits with respect to babies and young children, by specifically removing existing trade mark rights. Some of the provisions of the Regulations might achieve this goal, but the question to be asked is whether an image of a baby on a baby food product will be detrimental to a baby.

Advertisement

A further negative result of the Regulations is that, the value of trade marks, which are valuable assets to manufacturers, may be diminished as a result of the Regulations.

It must be noted that the effective date of the Regulations was 6 December 2013. Manufacturers, distributors and retailers must, within 18 months of the date of publication of the Regulations, i.e. by 6 June 2014, have removed all products from the market which labels does not comply with the provisions of the Regulations.


Should the labels of your baby food products not comply with the Regulations it amounts to a criminal offence. The penalty ranges from the imposition of a fine or a period of imprisonment. This will depend on whether the guilty party is a first time offender or not. In addition to the penalty, the product with a non-compliant label will be forfeited to the States and dealt with as the Director-General may think fit.

Written by Chandré du Toit, Verified by Johan du Preez, Adams & Adams

EMAIL THIS ARTICLE      SAVE THIS ARTICLE

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options
Free daily email newsletter Register Now