The following statements are based on our feedback from speaking with clients and based on our interpretation of EU regulation. None of the following constitutes legal advice. 

 

 

Energy value must be on the label, even if all other nutrition is provided via electronic means (QR Code). It may be expressed by using the symbol “E” for energy

Regulation (EU) 2021/2117 of the European Parliament and of the Council: Point 32, subpoint C 4 H

The nutrition declaration on the package or on a label attached thereto may be limited to the energy value, which may be expressed by using the symbol “E” for energy. In such cases, the full nutrition declaration shall be provided by electronic means identified on the package or on a label attached thereto.

 

 

The QR code must be presented on the label in the same field of vision as the other compulsory particulars.

Commission Notice – Questions and answers on the implementation of new EU wine labeling: Question 2, Paragraph 3

Where the nutrition declaration and/or the list of ingredients are provided by electronic means, the link (QR code or similar) to the nutrition declaration and/or list of ingredients must be presented on the label in the same field of vision as the other compulsory particulars.

 

 

QR Code can have the letter "i" in the center, but by itself, it is not sufficient. A Call to Action (CTA) is mandatory:

Commission Notice – Questions and answers on the implementation of new EU wine labelling: Question 38, Paragraph 2

Where the information provided by electronic means (identified by e.g. a QR code) is the list of ingredients, a heading, as referred to in Article 18(1) of the FIC Regulation, must be used, in the same way as the current practice used for the paper labels for other food (i.e. containing the word ‘ingredients’).

NOTE: While the regulation only requires the term "ingredients" in some countries this does not seem to be enough - we recommend "Ingredient & Nutrition", especially when selling in France. 

 

Regulation (EU) No 1169/2011 of the European Parliament and of the Council: Article 18

List of ingredients

1. The list of ingredients shall be headed or preceded by a suitable heading which consists of or includes the word ‘ingredients’. It shall include all the ingredients of the food, in descending order of weight, as recorded at the time of their use in the manufacture of the food.

 

 

The Call to Action (CTA) must include the word "ingredients" at a minimum.

Commission Notice – Questions and answers on the implementation of new EU wine labelling: Question 38, Paragraph 2

Where the information provided by electronic means (identified by e.g. a QR code) is the list of ingredients, a heading, as referred to in Article 18(1) of the FIC Regulation, must be used, in the same way as the current practice used for the paper labels for other food (i.e. containing the word ‘ingredients’).

NOTE: While the regulation only requires the term "ingredients" in some countries this does not seem to be enough - we recommend "Ingredient & Nutrition", especially when selling in France. 

 

Regulation (EU) No 1169/2011 of the European Parliament and of the Council: Article 18, Point 1

List of ingredients

1. The list of ingredients shall be headed or preceded by a suitable heading which consists of or includes the word ‘ingredients’. It shall include all the ingredients of the food, in descending order of weight, as recorded at the time of their use in the manufacture of the food.

 

 

The Alcohol Content must be printed on the bottle/the label

Regulation (EU) No 1169/2011 of the European Parliament and of the Council: Article 9, Point 1, Subpoint (k)

List of mandatory particulars

1. In accordance with Articles 10 to 35 and subject to the exceptions contained in this Chapter, indication of the following particulars shall be mandatory:

 

The alcohol content shall be indicated with up to one decimal place, followed by the symbol ‘% vol.’ and may be preceded by the word ‘alcohol’ or the abbreviation ‘alc’.

Regulation (EU) No 1169/2011 of the European Parliament and of the Council

Annex XII, Paragraph 1

The actual alcoholic strength by volume of beverages containing more than 1,2 % by volume of alcohol shall be indicated by a figure to not more than one decimal place. It shall be followed by the symbol ‘% vol.’ and may be preceded by the word ‘alcohol’ or the abbreviation ‘alc’.

 

 

The alcoholic Tolerances for Alcohol are specified in Regulation (EU) No 1169/2011, in the Table of Annex XII.

Regulation (EU) No 1169/2011 of the European Parliament and of the Council

Annex XII, Table

 

 

The Conversion Factors for the calculation of Energy can be found in Regulation (EU) No 1169/2011, in the Table of Annex XIV.

Regulation (EU) No 1169/2011 of the European Parliament and of the Council

Annex XIV, Table

The energy value to be declared shall be calculated using the following conversion factors:

 

 

 

 

Allergens must be printed on the bottle

Regulation (EU) No 1169/2011 of the European Parliament and of the Council: Article 9, Point 1, Subpoint (c)

List of mandatory particulars

1. In accordance with Articles 10 to 35 and subject to the exceptions contained in this Chapter, indication of the following particulars shall be mandatory:

(c) any ingredient or processing aid listed in Annex II or derived from a substance or product listed in Annex II causing allergies or intolerances used in the manufacture or preparation of a food and still present in the finished product, even if in an altered form;

 

Mandatory information must be printed in at least one of the official EU languages

Regulation (EU) No 1169/2011 of the European Parliament and of the Council: Article 15, Point 1, 2, 3

Language requirements

1. Without prejudice to Article 9(3), mandatory food information shall appear in a language easily understood by the consumers of the Member States where a food is marketed.
2. Within their own territory, the Member States in which a food is marketed may stipulate that the particulars shall be given in one or more languages from among the official languages of the Union.
3. Paragraphs 1 and 2 shall not preclude the particulars from being indicated in several languages.

3.   Where the Commission adopts delegated and implementing acts referred to in this Article, the particulars referred to in paragraph 1 may alternatively be expressed by means of pictograms or symbols instead of words or numbers.

In order to ensure that consumers benefit from other means of expression of mandatory food information than words and numbers, and provided that the same level of information as with words and numbers is ensured, the Commission, taking into account evidence of uniform consumer understanding, may establish, by means of delegated acts in accordance with Article 51, the criteria subject to which one or more particulars referred to in paragraph 1 may be expressed by pictograms or symbols instead of words or numbers.

4. For the purpose of ensuring the uniform implementation of paragraph 3 of this Article, the Commission may adopt implementing acts on the modalities of application of the criteria defined in accordance with paragraph 3 to express one or more particulars by means of pictograms or symbols instead of words or numbers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2)

 

Mandatory information must be printed on the physical label no smaller than 1.2 mm in height. 

Regulation (EU) No 1169/2011 of the European Parliament and of the Council: Article 13, Point 2

2. Without prejudice to specific Union provisions applicable to particular foods, when appearing on the package or on the label attached thereto, the mandatory particulars listed in Article 9(1) shall be printed on the package or on the label in such a way as to ensure clear legibility, in characters using a font size where the x-height, as defined in Annex IV, is equal to or greater than 1,2 mm.

Regulation (EU) No 1169/2011 of the European Parliament and of the Council: ANNEX IV

Annex IV

DEFINITION OF x-HEIGHT

x-HEIGHT

Legend

 

 

 

Under no circumstance must user information be collected or a user be tracked. It is prohibited to ask the user to give consent to do so.

Commission Notice – Questions and answers on the implementation of new EU wine labelling: Question 35

The amended CMO Regulation states that the information on the full nutritional declaration and list of ingredients shall not be displayed with other information intended for sales or marketing purposes, and that no user data shall be collected or tracked. There are no exceptions to this rule, and therefore it does not allow to request the consent of the user on whether their data can be tracked or not. In addition, the access to compulsory information by consumers/users should be direct and without any intermediate steps, such as filling any forms or queries, or passing through intermediate sites. The Commission services expect that the code, once read/scanned, takes the user immediately and directly to the compulsory labelling information.

 

 

For bottles, which are sold in a boxed set, the information must be made available pre-purchase.

Regulation (EU) No 1169/2011 of the European Parliament and of the Council: Article 13, Point 1

Presentation of mandatory particulars

1. Without prejudice to the national measures adopted under Article 44(2), mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible. It shall not in any way be hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any other intervening material.

 

For very small bottles of different products that are sold in a boxed set, the QR codes, one for each unique bottle, should be applied to the outside of the box.

Regulation (EU) No 1169/2011 of the European Parliament and of the Council: Article 13, Point 1

Presentation of mandatory particulars

1. Without prejudice to the national measures adopted under Article 44(2), mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible. It shall not in any way be hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any other intervening material.

 

 

Foods in packaging or containers where the largest surface area is less than 25 cm2 (square centimeters) are exempted from the requirement of mandatory nutrition declaration.

Regulation (EU) No 1169/2011 of the European Parliament and of the Council: Annex V, Point 18

FOODS WHICH ARE EXEMPTED FROM THE REQUIREMENT OF THE MANDATORY NUTRITION DECLARATION

18. Food in packaging or containers the largest surface of which has an area of less than 25 cm2