Proposed guidance: How to label and represent plant-based alternatives to egg products

Purpose of this guidance

As consumer preferences and habits evolve and inspire industry innovation, product labelling and representation must also evolve so consumers can make informed food choices.

The purpose of this guidance is to:

• help industry comply with the relevant legislation when labelling and representing plant-based alternatives to egg products
• help the CFIA assess compliance with this legislation

What this guidance covers and does not cover

This guidance only applies to plant-based alternatives to egg products. Plant-based alternatives to egg products do not meet the definition for processed egg products in the Safe Food for Canadians Regulations (SFCR) or the compositional standards for egg products in the Food and Drug Regulations (FDR).

The FDR and the SFCR do not provide for a definition of plant-based foods. Many plant-based foods could also be described as vegetarian or vegan. Consumers would expect plant-based alternatives to egg products to be usable in place of an egg product.

This guidance does not address labelling or representation of other plant-based alternatives. Following further analysis the proposed approach may be applied to other foods in the future, for example, to other plant-based alternatives.

For greater clarity regarding egg products and their alternatives, this guidance does not cover:

• any product simulating whole eggs made from liquid, dried or frozen egg albumen [B.22.032, FDR]
• the compositional aspects of plant-based alternatives to egg products, such as their ingredients or their nutritional composition

Plant-based alternatives to egg products are subject to all other requirements applicable to most foods, for example, the requirement for a nutrition facts table.

Refer to the Industry Labelling Tool for core labelling and voluntary claims and statement requirements that apply to prepackaged foods.

Relevant legislation

Subsection 5(1) of the Food and Drugs Act (FDA) states:

"No person shall label, package, treat, process, sell or advertise any food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety."

Subsection 6(1) of the Safe Food for Canadians Act (SFCA) states:

"It is prohibited for a person to manufacture, prepare, package, label, sell, import or advertise a food commodity in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, quality, value, quantity, composition, merit, safety or origin or the method of its manufacture or preparation."

Under paragraph 199(1)(b) of the SFCR, if a food is labelled with any expression, word, figure, depiction, or symbol that may reasonably be considered to imply that a food contains an ingredient that it does not in fact contain, or that it does not contain the ingredient when it does contain the ingredient, it is considered false or misleading or likely to create an erroneous impression in accordance with subsection 6(1) of the SFCA.

This guidance also aims to assist industry to comply with section 6 of the FDA and subsection 9(2) of the SFCR. These provisions prohibit the import or interprovincial trade of a food intended for sale, for which a standard is prescribed that is likely to be mistaken for the standardized food unless the food complies with the prescribed standard [6, FDA; 9(2), SFCR].

For ease of reading within this guidance, non-compliance with the legislative prohibitions mentioned above will be referred to as "misleading".

The guidance refers to "common names". Common names for standardized egg products are printed in bold-faced type, but not in italics, in the following:

• Division 22 of the FDR (Egg Products)
• Canadian Standards of Identity, Volume 2 – Processed Egg Products of the SFCR

When the common name is not prescribed by regulation, it would be the name by which the food is generally known or a name that is not generic and that describes the food [B.01.001, FDR; 1, SFCR].

Overall impression

All the components on food labels or in advertisements contribute to the overall impression created about a product to determine whether or not the plant-based alternative to egg products may be misleading, such as:

• the common name
• claims and statements
• list of ingredients
• images (pictures, vignettes and logos)
• how the product appears or is represented (including packaging).

These individual components, as well as the overall impression created when the components are viewed together, all contribute to help determine compliance with the legislation.

For more information, refer to overall impression created about a product.

Components, such as words, images and packaging, normally associated with egg products may be used on plant-based alternatives to egg products provided they are not misleading about the true nature of the food.

To avoid being misleading, the components of the plant-based alternative to egg products must provide sufficient information so:

• the consumer understands what the product is
• it is clear the product is not an egg product

Complementary information

Even when a component, viewed alone, could be considered misleading, complementary information could help prevent the product from being misleading. Complementary information can be one or multiple components. Complementary information could be:

• common name
• claims and statements
• images
• how the product appears or is represented

When viewed together, complementary information can give the consumer a true impression of what the product is by giving complete and clear information.

The more components closely associated with egg products (for example a descriptor, like omelette, in the common name), the more likely it is the plant-based alternative will be misleading. In this case, the regulated party should consider removing some of the potentially misleading components and/or adding further components to help clarify the true nature of the product. In all cases, representations must be truthful.

See the table below comparing examples of misleading and non-misleading plant-based egg products.

Components to determine the overall impression

This section provides guidance on components the CFIA would consider when assessing if the overall impression of labels and advertisements for plant-based alternatives to egg products is misleading.

List of ingredients

The list of ingredients will contribute to the overall impression created by a food. Plant-based alternatives to egg products must meet the requirements for the list of ingredients. This includes appropriate names for ingredients and components (that is, ingredients of an ingredient). The list of ingredients, by itself, may not be enough complementary information if other components are creating a misleading impression.

Common name

Plant-based alternatives to egg products must have an appropriate common name on the principal display panel of the label, in letters of 1.6 mm or greater [B.01.006(1), FDR; 210(2), SFCR]. When the common name is not prescribed, it would be the name by which the food is generally known or a name that is not generic and that describes the food [B.01.001(1), FDR; 1, SFCR].

The common name used for plant-based alternatives to egg products should accurately describe what that food is, not only what it is not. For example, the common name "plant-based omelette" does not accurately and precisely describe what the food is, however, the common name "soybean protein omelette" may be more explicit.

The common name must not mislead the consumer about the product's:

• basic nature
• properties
• nutritional content

For example, a prominently displayed common name, "soybean protein omelette" may contribute positively to the overall impression created about the food. The common name accurately describes the product and prevents or reduces the risk that a consumer will mistake it for an egg product.

Terms associated with common names for standardized egg products (for example, liquid yolk) and unstandardized products (for example, "scramble" and "omelette") may be used as part of the common name or brand name of plant-based alternatives to egg products when qualified or presented in an appropriate way to avoid being misleading. For further clarity, this applies for foods that are imported or traded interprovincially.

For instance, the term "liquid egg product" may be used, as part of the common name of a plant-based alternative to egg. With the addition of "soybean protein" as a qualifier, the common name would be "soybean protein liquid egg product", so the overall impression of the label/food makes it clear that it is not a liquid egg product for which there is a standard.

Claims and statements, including trade-marks

Nutrient content claims

Plant-based alternatives to egg products may use voluntary nutrient content claims, provided specific requirements are met. Refer to the guidance on nutrient content claims for information about these requirements.

Comparative nutrient content claims

Plant-based alternatives to egg products may also include claims that compare it to an egg product as long as the claims are:

• permitted
• truthful
• not misleading

These types of claims may contribute to the overall impression created about the food by highlighting differences or similarities to egg product counterparts.

Care should be taken so claims do not give the impression that the plant-based food product is an egg product. If making a comparative nutrient content claim, such as "30% less fat than chicken's eggs", specific requirements must be met. See comparative nutrient content claims for more information.

Negative claims

Terms normally associated with egg products may be part of a claim or statement as long as they avoid creating a misleading impression. For example, claims such as "contains no eggs" or "egg free", which are referred to as "negative claims", may provide complementary information that contributes to the overall impression of the food. For these claims, allergen labelling must also be considered.

Trade-marks

This guidance also applies to trade-marks and brand-names. Refer to guidance on trade-marks for more information.

Images (pictures, vignettes and logos)

Labels and advertisements may contain images that show or imply that they resemble or are comparable to egg product counterparts.

For example, an illustration of an omelette on a "soybean protein liquid egg product". This component on its own could be considered misleading by giving the impression that the plant-based food product is an egg product. Care should be taken when using such images. The location and prominence of the image, as well as the complementary information on the label, are considered to help determine how an image contributes to the overall impression of the product.

Appearance and representation

How plant-based alternatives to egg products appear and are represented at the time of sale may contribute to the overall impression by either resembling or differing from its egg product counterpart, including how it is:

• labelled
• packaged
• advertised
• marketed

For example, a carton of "soybean protein liquid egg product" could resemble a carton of "liquid egg product" due to its packaging type, consistency and shape. Complementary information on the label, such as having a prominently displayed common name that accurately describes the food, contributes to the overall impression that the plant-based alternative is not an egg product. In this case, the overall impression of the product would not be considered misleading.

Example comparing misleading and non-misleading plant-based alternatives to egg products

Example 1: Misleading plant-based liquid egg product label

All of the components viewed together give the erroneous impression that the food is an egg product, since none of the components clarify the true nature of the product.

To reduce any likelihood of creating an erroneous impression, select a common name that accurately describes what that food is and display it using the same font size for all the words. It would also be helpful to:

• remove potentially misleading components, such as the image of the farm
• include complementary information clarifying the true nature of the product, as suggested in the example below

With an appropriate common name and complementary information, the "omelette" statement would not be misleading.

Example 2: Non-misleading plant-based liquid egg product label

All of the components viewed together gives a clear impression about the true nature of the product.

Other labelling aspects to consider

Allergen labelling

All foods containing foods identified as known food allergens, such as nuts, soybeans, dairy or egg, must be declared in an ingredient list or "Contains" statement [B.01.010.1(2), FDR].

Statements must not be misleading regarding the presence of allergens. For example, a "contains no eggs" statement cannot be used for plant-based egg alternatives if that product contains any egg allergen. For more information, see the list of ingredients and allergens on food labels.

As applicable to all foods, plant-based alternatives to egg products made in the same establishment where their egg product counterparts are prepared may have a precautionary statement on the label.