Food fraud can take place in many forms. A company might substitute one product for another, use additives or enhancements that are not approved or misrepresent the country of origin of the product. Stolen food shipments or intentional contamination of the product is also considered food fraud.
Food fraud is a continuum of deception. At one end of spectrum, there is the deliberate substitution of inferior and potentially harmful ingredients. At the other end is the mislabeling of common products by the largest food companies. The largest food companies will not engage in outright food fraud intentionally by using different ingredients that could be harmful. Instead, they typically would engage in a more subtle deception – all natural claims, no preservatives, healthy, yet containing lots of chemicals, etc.
Food Fraud (GFSI Position Paper 2014) (GFSI): “…is deception of consumers using food products, ingredients and packaging for economic gain and includes substitution, unapproved enhancements, misbranding, counterfeiting, stolen goods or others.” http://foodfraud.msu.edu/wp-content/uploads/2018/03/FFIR-Glossary-Definitions-2018-v9-formatted.pdf
The U.S. Food and Drug Administration (FDA) determine economically motivated adulteration (EMA) as “the fraudulent, intentional substitution or addition of a substance in a product for the purpose of increasing the apparent value of the product or reducing the cost of its production,” that is, for economic gain (Lutter 2009). https://onlinelibrary.wiley.com/doi/full/10.1111/1750-3841.13256
Continuum of Food Fraud
Replacement of Higher Quality Ingredients with Lower Quality Potentially Harmful Ingredients
Substitution of one type of spice or meat for another
Dilution of juice by using lower valued juices like apple juice in place of pricier juices
There are several elements that constitute food fraud. A product that has been diluted had a substation of an ingredient or an addition of a food product that is not revealed is a situation of food fraud. The apparent value of the product cannot be increased for financial gain, nor can the product cause harm to others, such as through contamination.
The more serious cases of food fraud involve items that have been tampered with, be it intentionally or unintentionally. Consumers can become sick or even die due to issues involving food items where foreign objects have been placed inside a food product or allergens are included when the item was supposed to be safe to ingest. It is important to know your rights in such situations so that you can seek compensation for medical expenses or funeral costs when your life is severely affected by food fraud.
Misleading labels
False or misleading claims is considered a form of food fraud.
Misleading indications (words/pictures)
Use of words susch as “natural,” “traditional.” Use of pictures for example, depictions on packaging that do not reflect the nature of the product inside, or the methods of production.
All Natural
Non-Fat
An example of this could be when a food is labeled ‘non-fat’ when that is not true. A product may state that it is all natural with only organic ingredients. However, the item may actually not be pesticide free.
Healthy
Misleading Containers and Packaging
Another issue regarding food fraud involves oversized packaging or fillers to make food appear larger than it really is. Take for example a bag of chips. For years, consumers have been unhappy with the amount of empty space within a bag of chips. Over the past few years, lawsuits have popped up involving the empty space in chip bags as consumers feel the sizing is misleading once the empty space is revealed.
How you can fight back against all types of food fraud
State and federal laws place restrictions on food companies on how they are to provide their products to the public, including advertising. While most companies will adhere to these standards, there are those who do not.
At Sheehan & Associates P.C., we offer legal counsel regarding consumer law, including the area of food fraud. If you have been affected in a negative manner by a food product due to fraudulent means, we can help.
Knowing your legal rights as a consumer can help you fight companies that participate in food fraud when you are affected. Our team of attorneys can easily review any case involving food fraud and help you file an appropriate claim.
If you or someone you love has been affected by an instance of food fraud or maybe bought something because of what the labels told you, give our office a call. We are happy to review your situation and provide the right course of legal action for your individual case.