Ensuring that foods are not only legally produced in accordance with the relevant provisions of the Turkish Food Codex but also accurately labeled is of great importance for providing consumers with clear and correct information. In this context, the Turkish Food Codex Regulation on Food Labeling and Consumer Information (“Regulation”) and the Guideline on Food Labeling and Consumer Information of the Turkish Food Codex (“Guideline”), which has been prepared under the Regulation and includes detailed examples, are considered the primary reference sources. In this article, information is provided regarding certain negative claims concerning the absence of specific components in foods, in accordance with the Regulation and the Guideline.
A- “Additive-Free / Does Not Contain Additives” Claims
Under the Turkish Food Codex Regulation on Food Additives, in foods where the use of additives is permitted, if no additives are present from the ingredients (other than those naturally occurring) in accordance with the principle of carry-over, the labeling of such food may include statements such as “additive-free” or “does not contain/additives absent/not added”. However, broader claims such as “100% additive-free” or “the most additive-free” are not permitted.
For foods in which the use of additives is not permitted under the Regulation, the label may include the statement “Does not contain (…) additives in accordance with the Turkish Food Codex”. However, statements referring to a functional class of additives whose use is prohibited under the Regulation cannot be used, as they may create the impression that the food contains no additives at all. For example, “Does not contain preservatives in fruit juice in accordance with the Turkish Food Codex” is not an appropriate claim. Similarly, it is not permitted to make statements specifically referring to the absence of particular additives by name.
B- “Does Not Contain Caffeine” or “Caffeine-Free” Claims
In foods where the use of caffeine is permitted, if the product does not contain caffeine, statements such as “does not contain caffeine” or “caffeine-free” may be used.
C- “Does Not Contain Lactose” or “Lactose-Free” Claims
Under the Turkish Food Codex Communiqué on Drinking Milks, lactose-free milk is defined as milk in which the lactose in drinking milk has been enzymatically broken down into glucose and galactose using β-galactosidase, reducing the lactose content to 0.1% or less. Accordingly, products containing no more than 10 mg of lactose per 100 g / 100 ml of the final product may bear the claim “does not contain lactose”.
The Turkish Food Codex Communiqué on Infant and Follow-On Formulas also contains a separate regulation regarding lactose. According to this, infant formulas and follow-on formulas with a lactose content of no more than 10 mg/100 kcal (2.5 mg/100 kJ) may bear the claims “does not contain lactose” or “lactose-free”. However, for infant and follow-on formulas produced from protein sources other than soy protein isolates, when such claims are used, the statement “Not suitable for infants with galactosemia” must also appear in the same font size and prominence, and in close proximity to the lactose claim.
In conclusion, claims regarding the absence of specific ingredients are of significant importance for consumers who are sensitive to such components. Therefore, it is critical that these claims are prepared with care and used in full compliance with the applicable legal requirements. In this context, it is essential to monitor the relevant Regulation, Guideline, and directives issued by competent authorities and, where necessary, to seek expert legal or regulatory advice.