Ensuring that foods are placed on the market in compliance with the relevant provisions of the Turkish Food Codex is as important as ensuring that the statements used on labels and in promotional materials inform consumers accurately and in a non-misleading manner.
Within this framework, 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 pursuant to the Regulation, are considered the primary reference sources. This article outlines the legal requirements applicable to the use of “natural”, “pure” and “fresh” claims, as well as key points to be considered in practice, in accordance with the Regulation and the Guideline.
A- “Natural” Claims
Pursuant to the Regulation, information provided about food must not be misleading with respect to the food’s essential characteristics, including its nature, identity, properties, composition, origin and method of production, and these principles apply not only to labeling but also to promotion and advertising activities. In this regard, as the use of the “natural” claim creates a strong perception among consumers concerning the product’s content and production/processing methods, it is also regulated in detail under the Guideline.
Pursuant to the Guideline, the term “natural” may be used only for foods consisting of a single ingredient, containing no additives, flavourings or similar additional components, and which have not been subjected to any processing that would result in a material alteration of their natural structure, other than physical, enzymatic or microbiological processes. In this context, provided that the relevant criteria are met, products such as pasteurized milk, yogurt, honey, eggs, coffee, as well as fresh, dried or frozen fruits and vegetables are cited as examples.
Where all components of a food meet the “natural” criteria set out in the Guideline, expressions such as “produced from natural ingredients” or “made using natural ingredients” may be used. However, in such cases, the word “natural” shall not be highlighted on its own through font size, color or layout.
Moreover, as the use of the term “natural” is subject to compliance with the conditions specified in this section of the Guideline, it is explicitly stated that expressions such as “100% natural”, “completely natural”, “truly natural”, “genuine natural” or “the most natural” shall not be used.
In addition, it is stated that the term “natural” may not be used for any ingredient in foods whose ingredients as a whole do not meet the natural criteria set out in the Guideline; for instance, even if the sour cherry used in a sour cherry cake is natural, the expression “natural sour cherry” may not be used where the cake contains non-natural ingredients.
Furthermore, the Guideline states that synonyms of permitted terms, as well as their equivalents in other languages with the same meaning, may also be used. In this context, where the use of the term “natural” is permitted, expressions such as “doğal/tabii/natürel” may also be included.
B- “Pure” Claims
The Guideline states that the term “pure” must not be used in a manner that creates the perception that a food is “pure” and that there are “non-pure” alternatives of the same food. In this respect, it is expressly stated that expressions such as “pure chocolate”, “pure salep”, “pure clotted cream” and “pure olive oil” may not be used.
However, it is also stated that the term “pure” may be included in the product’s brand name or trade name, provided that it does not form part of the food name and does not describe the product itself.
C- "Fresh” Claims
While the term “fresh” is addressed in the Guideline as an expression that may be used for products delivered to the final consumer shortly after production or harvest, it is emphasized that modern distribution and preservation methods may extend the period during which product quality is maintained. Accordingly, the use of the term “fresh” must be carefully assessed so as not to create a misleading impression among consumers.
In this context, it is stated that the term “fresh” should be used only where its meaning is clear, and that, when used in this manner, it should assist consumers in distinguishing between similar foods. Examples include fresh fruit salads produced exclusively from fresh fruits, fresh dairy products with a very short shelf life that are kept under refrigeration at the point of sale, and unpasteurized beer with a shorter shelf life compared to similar products on the market.
However, any uses going beyond those set out in the Guideline, such as “fresh from the oven,” “fresh from the garden,” “fresh from the sea,” or “fresh from the kitchen,” are not permitted. In addition, where any process affecting the freshness of the food is carried out within the packaging, storage, or placing on the market chain, no expressions implying that the food is fresh may be used. Nevertheless, a statement indicating that such process is carried out for the purpose of preserving the food’s freshness may be included. For example, expressions such as “packaged in a protective atmosphere to preserve freshness” may be used on the label of a food packaged under vacuum or in a controlled atmosphere.
On the other hand, there are product-specific exceptions under the legislation with respect to the use of the “fresh” claim. In this regard, the Turkish Food Codex Communiqué on Eggs separately defines the concept of “extra fresh eggs” in its definitions section and provides that this expression may be used for Class A eggs that meet certain objective criteria. Accordingly, the permissibility of “fresh” claims must in all cases be assessed together with the specific legislation applicable to the relevant product.
In conclusion, claims included on food labels that directly influence consumer purchasing decisions are of importance in terms of ensuring that consumers are properly informed. Therefore, it is of great importance to ensure that expressions such as “natural” “pure” and “fresh” are used in compliance with the conditions set out in the legislation and that such claims are formulated in a manner that does not create a misleading perception. In this context, closely monitoring the relevant Regulation, Guideline and the practices and assessments of competent authorities, and seeking expert advice in cases of uncertainty, are considered critical from a regulatory compliance and risk management perspective.