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The business will have to start from scratch
According to Dovilė Stonė, one of the founders of the company, they have been working with the “Butter Buttered” brand since 2014: “In the days when we were developing, nut butter was called nut butter, like all over the world. peanut butter, and no one had questions about this. Consequently, we came up with a name – it turned out to be a clever Lithuanian saying, etc. We worked quietly for ourselves until in 2017, the EU passed a directive that bans the use of plant products in milky words, such as almond milk, nut butter, etc. Then we changed the name of our products, like all other producers, to nut cream, but the name “Butter Butter” stuck because it is just a brand.
“He didn’t ask anyone any questions, he didn’t bother me until SFVS sent our email before the holidays. The name ‘Butter’ was placed on the packaging, even though it was clearly indicated below that it was cream cashew, almond butter and the composition of the product, which was stated otherwise. According to them, the inscription misleads consumers that we are selling cow butter. So we were instructed not to mislead consumers and eliminate our brand, ”he said.
According to D. Stonė, the trademark “Butter Buttered” has been registered and patented since 2016, but has been used since 2014: “We registered when it could be called nut butter, but SFVS says it does not matter if it is registered or not.”
The company has been told it has to change its brand before January 8. This means that during that time we have to create a new brand, packaging, website, basically start from scratch, and we are a miniature business, a blow to our hearts here, ”said D Roca.
SFVS – Manufacturers had time to review products
The SFVS states that this requirement of the EU directive is not new for companies and they have had enough time to review the labeling of their products.
In 2017, the European Court of Justice issued a decision prohibiting the designation of plant foods as the appropriate term for dairy products. This legislation has been in force for almost three years and is not new for food producers, they have had enough time to review their range of products and adjust the labeling of foods of plant origin using other equivalents proposed in the legislation: cream xxx, drink , spreadable, etc. “, – positive on comment sent by Rita Sadūnaitė, Chief Specialist-State Food Inspector of SFVS Food Division.
It also recalls that Regulation (EU) No. Article 7 of Regulation (EU) No. 1169/2011, entitled “ Fair reporting practices ”, states that:
1. Food information must not be misleading, in particular:
a) the characteristics of the food, in particular its nature, identity, properties, composition, quantity, durability, country or place of origin, method of production or preparation;
(b) attribute to food effects or properties that it does not possess;
(c) suggesting that the food has special characteristics when in fact all similar foods have such characteristics, with special reference to the presence or absence of certain ingredients and / or nutrients;
(d) through the use of appearance, descriptive or visual material to suggest that a food contains a particular food or ingredient, when in fact the ingredient or ingredient normally used in that food has been replaced by another ingredient or ingredient.
2. Food information must be accurate, clear and easy to understand for the consumer.
“In this case, although the name of the product is not in conflict with the law because the product is called peanut butter, the labeling of the food is considered not only the name, but all the information on the food packaging or label: words, details, product brands, registered trade name, figurative material or symbol, etc.
In this context, it has been recognized that the brand “Butter Butter” on the labeling of a product of plant origin does not comply with the provisions of the aforementioned Regulation and the judgment of the Court of Justice of the European Union “, comments the representative of SFVS .
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