The audit found that, while the EU legal framework does provide for essential information on food labels, delayed updates to the legal framework are hindering consumers’ ability to make informed choices. Specifically, seven of 11 planned updates have not been completed, some of which were introduced as early as 2009. These planned updates cover health claims, nutrient profiles, front-of-pack nutrition labeling, precautionary allergen labeling, legibility, vegetarian and vegan food, and reference intakes for specific population groups.

Additionally, existing EU rules do not provide a sufficiently clear basis to prevent constantly evolving labeling practices that can mislead consumers, such as the use of clean labels (related to the absence of certain elements, e.g. “antibiotic-free”), uncertified qualities (e.g. “fresh,” “natural”), product names (e.g. using “meaty” to describe meat products), omitting information (e.g. the word “defrosted”), or product sustainability claims.

The EU also does not systematically monitory consumer needs or their understanding of labels, making it difficult to determine whether consumers are adequately informed or their expectations are being met. However, there is evidence suggesting that consumers do not always understand labels, yet awareness-raising campaigns have not been made a priority.

A labeling element that is particularly confusing to consumers is date labeling. Although FIC mandated two types of date marking—“Use By” to indicate when a food is no longer safe, and “Best Before” to indicate when a food will maintain optimal quality—a 2018 European Commission study identified issues that affect the usefulness of date markers to consumers: poor legibility, lack of clarity on how food companies determine food dates, and poor consumer understanding of date markers.

The audit also found that control systems in place for food labeling are weakened by the complexity of oversight in Member States, and that checks are especially lacking for voluntary information. Authorities in Member States are also limited in their ability to enforce regulations against online food retailers, and when sanctions are implemented, they are not always dissuasive, effective, or proportionate.

Overall, the audit recognizes that food labeling can help consumers make better-informed decisions, but there are notable gaps in the EU legal framework and enforcement that cause consumer confusion and deception. The audit recommends the European Commission:

1. Address gaps in the EU legal framework by completing pending regulatory updates and carrying out further work to address issues related to origin labelling and alcoholic beverages
2. Enhance efforts to analyze labeling practices and improve guidance for companies
3. Monitor consumer needs and act to improve their understanding of food labels
4. Encourage Member States to strengthen their checks on voluntary labels by providing guidance and examples of good practice
5. Improve reporting on food labeling by streamlining Member States’ reporting arrangements and improving the quality of information required when submitting issues through the Rapid Alert System for Food and Feed online application.