Failure to disclose information on product ingredients (food products) is one of the common issues encountered during business operations. The following article analyzes the relevant legal provisions governing the disclosure of food ingredient information and provides clarifications for frequently asked questions related to this matter.
Failure to disclose information on product ingredients (food products) is one of the common issues encountered during business operations. The following article analyzes the relevant legal provisions governing the disclosure of food ingredient information and provides clarifications for frequently asked questions related to this matter.
I. Current situation regarding failure to disclose information on product ingredients (food products)
The failure to disclose product ingredient information has become increasingly common, posing potential risks to consumers due to a lack of transparency regarding product quality and origin.
Such a conduct constitutes a violation of laws on product information disclosure and may result in administrative sanctions, or product recall or destruction, depending on the severity of the violation and the applicable legal provisions.
II. Legal provisions governing failure to disclose information on product ingredients (food products)
Understanding the relevant legal provisions on the disclosure of product ingredient information is essential for individuals and organizations involved in food production and business. However, due to the frequent amendments to Vietnamese laws, the correct interpretation and application of these regulations remain a challenge.
To assist businesses and individuals in compliance, NPLaw summarizes below the main legal provisions and corresponding measures applicable to violations under the most recent regulations.
1. What constitutes a failure to disclose information on product ingredients (food products)?
Disclosure of product ingredient information refers to the mandatory process whereby producers or business entities publicly declare information on their food products, including ingredients, quality, and safety prior to production or sale. Such a process includes self-declaration or registration of product declaration with competent authorities.
Failure to disclose ingredient information constitutes a violation of law, and food producers or business entities may be subject to sanctions depending on the nature and seriousness of the violation.
2. Which ingredients must be declared on food labels under the law?
Pursuant to Clause 1, Article 5 of Circular No. 29/2023/TT-BYT, food products manufactured, traded, imported, or circulated in Vietnam must list the following nutritional components:
- Energy;
- Protein;
- Carbohydrate;
- Fat;
- Sodium (Natri).
For beverages, processed milk with added sugar, and other foods with added sugar: The above five nutritional components and total sugar must be indicated.
For fried foods: The above five components and saturated fat must be indicated.
If a food product does not contain, or contains such nutritional components in amounts lower than the threshold values specified in Appendix I of this Circular, the inclusion of such components on the label is not mandatory.
Accordingly, food producers or business entities are legally required to disclose the components listed above on food product labels.
3. What are the sanctions for failure to disclose product ingredient information?
Pursuant to Points a and b, Clause 1, Article 20 of Decree No. 115/2018/NĐ-CP, a fine ranging from 15,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:
- Failure to notify, publish, or post the self-declared product information as required by law;
- Failure to disclose such information on the food safety database system or failure to submit a copy of the self-declaration to competent State authorities (as amended by Point a, Clause 10, Article 1 of Decree No. 124/2021/NĐ-CP).
Under Clause 2, Article 21 of Decree No. 115/2018/NĐ-CP, a fine from 40,000,000 VND to 50,000,000 VND shall be imposed for producing or importing products subject to registration without having registered the product declaration or without a Certificate of Receipt of Product Declaration as required.
Additional sanctions include: Suspension of part or all business operations for 01 to 03 months.
Remedial measures: Mandatory product recall, change of use purpose, recycling, or destruction of the violating food products.
III. Questions on the failure to disclose information on product ingredients (food products)
1. Which types of products must disclose product ingredient information by law?
- Under Article 4 of Decree No. 15/2018/NĐ-CP, the following products are required to self-declare ingredient information:
- Pre-packaged processed foods;
- Food additives;
- Food processing aids;
- Food containers and materials in direct contact with food.
Exceptions:
- Products or raw materials imported solely for export production or internal processing and not circulated on the domestic market;
- Products required to register product declarations under Article 6 of the same Decree.
- Under Article 6 of Decree No. 15/2018/NĐ-CP, products subject to mandatory registration of product declarations include:
- Health supplements, medical nutrition foods, and foods for special dietary uses;
- Nutritional products for children up to 36 months old;
- Food additives with new uses or those not listed in the approved list issued by the Ministry of Health.
2. How are violations handled when non-disclosure leads to nutritional misrepresentation?
Under Point a, Clause 3, Article 20 of Decree No. 115/2018/NĐ-CP (as amended by Point c, Clause 10, Article 1 of Decree No. 124/2021/NĐ-CP), a fine from 30,000,000 VND to 40,000,000 VND shall be imposed for producing self-declared products that fail to comply with technical standards or declared quality.
Similarly, under Clause 1, Article 21 of Decree No. 115/2018/NĐ-CP (as amended by Clause 11, Article 1 of Decree No. 124/2021/NĐ-CP), a fine from 30,000,000 VND to 40,000,000 VND also applies to registered products that do not meet technical regulations or declared standards.
Thus, if the failure to disclose product ingredient information results in nutritional inaccuracies, sanctions will be imposed under the above provisions.
3. What should consumers do upon discovering a violation?
According to Point b, Clause 2, Article 9 of the Law on Food Safety 2010, consumers are obligated to promptly provide information when detecting potential food safety risks, report food poisoning, or notify authorities, local People’s Committees, medical facilities, or competent agencies.
Accordingly, when consumers discover that a business has failed to disclose product ingredient information, they should collect evidence and report it to competent authorities such as the Food Safety Department, Department of Health, or issue a public warning on social media platforms to protect community health.
4. Can authorities order product recall in cases of non-disclosure?
Pursuant to Point a, Clause 6, Article 20 and Point a, Clause 4, Article 21 of Decree No. 115/2018/NĐ-CP, when a business fails to disclose food ingredient information, authorities may impose fines and apply the remedial measure of mandatory recall of the violating products.
5. When multiple suppliers are involved, who takes the responsibility for ingredient disclosure?
Under Clause 2, Article 5 and Point c, Clause 1, Article 8 of Decree No. 15/2018/NĐ-CP:
- For self-declaration: if an organization or individual has two or more production facilities manufacturing the same product, they must submit the declaration dossier to one chosen competent authority at the locality of one facility. All subsequent declarations must be filed with that same authority.
- For registered declarations: Only one competent authority shall handle registration, except for products under the jurisdiction of the Ministry of Health.
IV. Legal advisory services related to failure to disclose information on product ingredients (food products)
The foregoing provides NPLaw’s legal insights and clarifications on the issue of non-disclosure of product ingredient information. With a team of experienced lawyers and legal specialists, NPLaw offers professional legal services designed to protect the legitimate interests of clients.
If you require legal support regarding this matter, please contact NPLaw for consultation and assistance.
