“100% Australian.” “100% Organic.” “100% Juice.” We see these claims on our everyday products, but are they factual? Claims using “100%” are powerful, leaving consumers with a very clear impression. For businesses, that same certainty means there is little room for doubt.
Under the Australian Consumer Law, claims businesses make about products need to be truthful and capable of substantiation. Under the ACCC, claims must not make false or misleading impressions. A common product claim is “100% Natural”. Would you expect clean, organic ingredients? An investigation by the ABC earlier this year found that products claiming this were misleading, finding that ingredients such as emulsifiers and additives were present.
For food businesses, the Food Standards Code also needs to be considered. FSANZ advises that food labelling is subject to specific requirements within the Code prohibiting false, misleading or deceptive representations. In Australia, truth in labelling is governed by the Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010, and state and territory Fair Trading Acts and Food Acts.
Before adding a “100%” claim, businesses should consider whether the evidence supports the whole impression created by the claim.
For example, consider:
- What exactly does the “100%” refer to?
- Does the entire formulation support that interpretation?
- Are there ingredients, additives or processing considerations that could change the consumer’s understanding?
- If the claim relates to Australian origin, does the applicable country-of-origin framework support it?
- Is there reliable supplier and traceability documentation available to substantiate the claim?
A supplier declaration alone may not always give a business the level of assurance it needs. Recent investigations in Australia showed the importance of internal compliance material. This highlighted the importance of checking traceability, certificates and supporting documentation behind claims of 100% origin.
A practical takeaway is that the stronger and more absolute the claim, the stronger the substantiation should be. Before placing “100%” prominently on a food label, make sure you can clearly define what the claim means and demonstrate that the product, its formulation and the supporting evidence match the impression consumers are likely to take from it.
Looking for help or have a question? Our services assist in your handling of product documentation, compliance checks, and build confidence in your brand reputation, taking the hard work out of it. Get in touch to review your products today.
