Under-weight and under-filled food products: 5 things to know and how to report it

Between under-filled and under-weight products, consumers have shared that they are frustrated and feel they aren't getting their money's worth. Here are some important facts that can help you spot when you're being short-changed, when you should report a product to us, and what happens when you do.

1. It's the law: the weight shown on the label must reflect the weight of the product

Canada's food laws require food producers, importers and retailers to meet their regulatory requirements and this includes ensuring that the net quantity on a label is accurate. The label must:

• Accurately show the net quantity on the package
• Only include edible components in the net weight – meaning it would include things like a sauce packet, but not include things like brine in pickles

2. In some cases a small weight variance is allowed

It can be frustrating to bring your groceries home and realize the amount in the package is not what the label stated. When this happens, it can mean you have paid for an under-weight product.

When it comes to fresh meat, you have probably noticed that the packaging includes a soaker pad. Over time a fresh meat product will slowly release liquids and the pad is there to absorb it instead of having it pool in the package. This keeps meat safer and fresher and reduces mess when you handle it.

This does mean that when the meat is packaged those liquids are in the meat and included in the weight. However, over time, the meat will become lighter, and that lost weight will be transferred to the soaker pad.

This is an example of how products can lose weight over time as moisture is released. So when has it gone too far?

Canada's food laws do set out some limited tolerances for foods during the packing process. Any weight difference outside this is a reason to report it to the Canadian Food Inspection Agency (CFIA).

3. A package cannot be under-filled

What about when the package makes it look like it has more product? An example would be putting 200 ml of beverage in a container with 250 ml capacity. This would result in a head-space of at least 24%, often referred to as "slack-fill". This is not allowed and is misleading to the consumer. You can keep an eye out for this while shopping by:

• Looking at the unit price per 100 grams or 100 milliliters, not just the container size
• Don't just reach for the same products when you shop; the quantity may change, so comparison shopping can save you money

If you suspect under-filling you can contact the manufacturer with your questions or report it to the CFIA.

4. What is the CFIA doing about it

The CFIA takes food mislabelling seriously and took action in every case where a mis-weighed product was found and the implicated companies took corrective actions to address the cause of the error. CFIA inspectors regularly go on site as part of investigations into complaints for mis-weighed products. They also follow up to check the correction has been made and go back on site if the issue requires it. If a food business is found to not be meeting their legal requirements again the Agency would take this into consideration in determining further enforcement actions.

Businesses face repercussions which are proportionate to the risk and the seriousness of the non-compliance. If a business intentionally does not meet these or other labelling requirements, then it may be considered food fraud.

The CFIA continually adjusts its approach to targeting areas for non-compliance when it has intelligence indicating an issue.

For example, upon learning that there may be issues with net quantity of frozen fish and seafood products, the CFIA increased its targeted inspections for these products and reported the results in its most recent food fraud annual report.

Those findings, along with other intelligence, were incorporated into the CFIA's food fraud-related inspection plans for subsequent years (including this one) which already include inspections for other short weight or mis-weighed products, such as meat.

5. Taking enforcement action throughout the food supply chain

The work of the CFIA goes beyond under-weight and under-filled products and the Agency takes action to protect consumers throughout the food supply chain:

• The latest annual report shares how the Agency's food fraud work  prevented nearly 140,000 kg of misrepresented food from being sold in Canada.
• In 2023-2024, the CFIA issued 44 administrative monetary penalties (AMPs) valued at almost $200,000 for violations, including those related to food misrepresentation, under the Safe Food for Canadians Act or its Regulations. In July 2023, the CFIA laid charges against two companies for offences under the Safe Food for Canadians Act and Regulations, including charges related to food misrepresentation. In addition, it is important to note that certain enforcement actions (such as AMPs and prosecutions) often span several years before there is an ultimate resolution.
• Since 2020, the CFIA has cancelled and/or suspended 27 licences.
• The CFIA conducts over 2,600 food safety investigations a year and follow up on over 3,750 complaints.

Deciding whether to contact the manufacturer or report it to the CFIA

Contact the manufacturer or retailer with your comments and concerns about changes they've made to their products. Even if the changes do not violate federal labelling requirements, they value and welcome consumer feedback.

The Agency takes labelling issues seriously and wants to know about products that consumers think are labelled in a misleading manner. Consumers can report these to the CFIA through the food complaint or concern web page.

When a food complaint is submitted, the CFIA takes action to find out more about it and whether further action is needed.

• If there is reason to believe that food is unsafe the CFIA initiates a 5-step process to investigate and determine if a food recall is necessary.
• If there is reason to believe a food label is misleading, the CFIA reviews all information on food labels or in advertisements – including words, images, vignettes, and logos – as they contribute to the overall impression created by that product.
• When a labelling non-compliance is identified, the CFIA takes appropriate action.

Learn more

• 6 things the CFIA does to keep Canada's food supply safe
• Inspection and enforcement (CFIA)
• Enforcement actions taken (CFIA)
• How we enforce (CFIA)
• Food safety for consumers (CFIA)
• Food labelling for consumers (CFIA)
• Find out where to report a food complaint or concern (CFIA)