UsesandPotentialAbusesof“Negative Claims”intheEU ...

EJRR 4|2014 Uses and Potential Abuses of Negative Claims 469. Uses and Potential Abuses of Negative Claims in the EU: The Urgent Need for Better Regulation Ignacio Carre o* and Paolo Vergano**. Negative claims can be defined as claims indicating that certain ingredients, nutrients or substances are not present in a foodstuff. Legitimate uses of regulated negative claims in the EU include some nutrition claims and gluten-free claims. Some EU Member States have legislated on GM-free claims. The article describes in more detail some cases ( , BPA-free, MSG-free, Aspartame-free and palm oil-free), where negative claims are used with an im- plied message that whatever is used instead of the often demonised substance is safer, healthier or greener. The article argues that EU and EU Member States' legislators and reg- ulators should ensure that consumers are not misled by astute marketing techniques that have no informative agendas, but simply aim at denigrating certain products in order to promote free-from products.

470 UsesandPotentialAbusesof“NegativeClaims” EJRR 4|2014 sumers are not misled by astute marketing tech-niquesthathavenoinformativeagendas,butsimply aim at denigrating certain products in order to pro-

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