New call for wholemeal law clarity

The trading standards department of Hull City Council is the latest to share the Real Bread Campaign’s insistence on the need for revision of the regulation of how the word wholemeal can be used.

In a response to the Real Bread Campaign’s December 2022 complaint regarding Jacksons Bloomin' Both, on 25 May 2023 a trading standards officer wrote: “I agree with the Public Analyst and [my colleague] we need some guidance from Government (FSA/DEFRA/DoH) or change in the regulations.”

The email concluded: “We would need specific guidance, or better still a ‘protected designation’ for the description Wholemeal. I would suggest that this is an issue to pursue with Government (FSA/DEFRA/DoH).”

In January 2022, the Legal Manager at Buckinghamshire & Surrey Trading Standards, investigating the Campaign’s same complaint about Hovis Best of Both, also concluded the need to refer the case to Defra.

On 26 September 2022 a member of Defra’s Food Compositional Standards Team wrote: “my team are giving further consideration to the points raised.” On 4 April 2023, the same policy officer replied to the Campaign’s request for an update: “In terms of points raised around 50/50 products we will be engaging further with trading standards. It should be noted that we can’t provide authoritative statements of law as our view may differ from trading standards or the courts."

Real Bread Campaign coordinator Chris Young said: “Legislation should be clear, with little to no need for interpretation. Instead we have consumer protection bodies consulting Defra, which in turn has noted potentially differing views on the subject. This is yet more evidence to support of our belief that the 25 year old Bread and Flour Regulations are not fit for purpose and we need a new Honest Crust Act.”

Section 6 of The Bread and Flour Regulations 1998 demand that: ‘There shall not be used in the labelling or advertising of bread, as part of the name of the bread, whether or not qualified by other words […] the word 'wholemeal’ unless all the flour used as an ingredient in the preparation of the bread is wholemeal.’ Despite this, products made with 50% white flour are being named and marketed using the word wholemeal. Meanwhile, the word wholegrain is not defined or its use regulated.

The 2022 public consultation on a review of the Bread and Flour Regulations was far from comprehensive. Omitting the Campaign’s Honest Crust Act proposals, it covered little more than implementing the Government’s commitment to introducing mandatory addition of folic acid to flour. Despite this limited scope, the promised publication of responses in February 2023 has been pushed back to an unspecified date ‘later this summer.’

**ENDS**

See also 

• ‘Withdraw sourfaux code support’ urge 1000+ bakers and buyers
• Iceland drops loaf after Real Bread Campaign complaint 
• 100% Wholemeal? Update 
• White flour and up to 26 items on industrial 'wholemeal' loaf ingredient lists 
• Closer to a wholegrain of truth? 
• A wholegrain of truth? 

Wholemeal to Hull and back

Correspondence between the Real Bread Campaign and Hull City Council, most recent first.

From the Real Bread Campaign, 25 May 2023

I’m glad that you agree with us that the Government needs to review the Regulations and revise them and/or official guidance to their implementation. This will help to create clarity – primarily for shoppers but also for you and others responsible for consumer protection, as well as bakers, retailers and marketers.

Can you also respond to the final point of my email below? Please also advise at which of the laboratories the Public Analyst you quoted (is the wording in blue direct quotation?) works; as well as the irregularity and name of the product about which you took action.

Frustratingly, clarity from Defra about what they’re doing to address these issues and the timescale is also lacking https://www.sustainweb.org/news/mar23-honest-crust-act-wholemeal-wholegrain-sourdough-defra-reply 

From Hull, 25 May 2023

I’ve had chance to look at this again.

I agree with the Public Analyst and [my colleague], we need some guidance from Government (FSA/DEFRA/DoH) or change in the regulations.

The word wholemeal is only used in these types of bread to indicate that the wholemeal flour has been added as an ingredient and not that the bread is ‘wholemeal’. It is my opinion that this is clear and unambiguous in the labelling of all 3 products that you have supplied.

Food Information Regulations state the name of the food must be sufficiently precise to inform the purchaser of the true nature of the food and must not mislead. The three examples you have supplied have been careful not to suggest this is wholemeal bread and my opinion would be that, to describe the bread in any other way than they have been described (i.e. to omit the word wholemeal) would in itself be misleading.

We would need specific guidance, or better still a ‘protected designation’ for the description Wholemeal.

I would suggest that this is an issue to pursue with Government (FSA/DEFRA/DoH).

From Hull, 12 May 2023

‘I’ve had a reply!!!! Don’t want to answer him until I’ve checked with you what info I can give out.’

[We let the officer know they’d sent this email to the Campaign by mistake, intrigued by what information they thought they might want/need to withhold.]

From the Real Bread Campaign, 11 May 2023

Thank you for your work on this and for the update. I need to report on this and want to ensure that I do so as fully and accurately as possible.

To reiterate, Section 6 of The Bread and Flour Regulations 1998 demand that: ‘There shall not be used in the labelling or advertising of bread, as part of the name of the bread, whether or not qualified by other words […] the word 'wholemeal’ unless all the flour used as an ingredient in the preparation of the bread is wholemeal.’ The Regulations go on to require that: ‘no person shall sell or advertise for sale any bread in contravention of this regulation.’ [Our italics] 

Despite this, you have chosen not to take action in cases where the word wholemeal is being used to name and advertise products made from 50% white flour, in direct contravention of the letter of the law.

My understanding from your email below is that you believe the regulation as it is currently worded is not fit for purpose. This is on the grounds that it is at odds with encouraging increased consumption of whole grain (a term not defined in law) foods, including wholemeal flour. Is this summary correct?

Do you believe that the regulation should be revised on public health grounds and also for the benefit of consumer protection bodies, or trading standards officers, at least?

Please also advise at which of the laboratories the Public Analyst you quoted (is the wording in blue direct quotation?) works; as well as the irregularity and name of the product about which you took action.

From Hull City Council 10 May 2023

Further to our correspondence below I now have a result from the Public Analyst.

Three bread loaves from different Manufacturers were submitted for nutritional analysis and comment regarding the name of the food, and with respect to the issue you raised.

Nutritional analysis was satisfactory for all the loaves with just one labelling irregularity on one brand that the Manufacturer will amend in the next print run of packaging. 

With regard to the name of the food and your specific point of ‘wholemeal’ with respect to the Bread and Flour Regulations; the Public Analyst agrees the Regulation is worded to suggest that the word ‘wholemeal’ cannot be used in the name of the food unless all the flour used as an ingredient in the preparation of the bread is wholemeal. The Public Analyst says, however, in consideration of the fact that there is obviously encouragement for the population to eat more whole grains and this type of product serves a useful purpose in this push, I would interpret this clause as, if the name of the food suggests this is wholemeal bread then I would expect all the flour used in the manufacturer of the food to be wholemeal. The word wholemeal is only used in these types of bread to indicate that the wholemeal flour has been added as an ingredient and not that the bread is ‘wholemeal’. It is my opinion that this is clear and unambiguous in the labelling of all 3 products that you have supplied.

The Public Analyst also says the Food Information Regulations state the name of the food must be sufficiently precise to inform the purchaser of the true nature of the food and must not mislead. The three examples you have supplied have been careful not to suggest this is wholemeal bread and my opinion would be that, to describe the bread in any other way than they have been described (ie to omit the word wholemeal) would in itself be misleading.

I agree with the Public Analysts opinion and looking at the three products together and the whole of the labelling information on the packs I think the consumer is clearly informed that they are buying a loaf of bread made half with white flour and half with wholemeal flour. I do not think the consumer would expect it to be a wholemeal loaf but it would be misleading if wholemeal was not stated in the name.

It is my understanding that that Bread and Flour Regulations are currently being reviewed by other bodies and it would be helpful if they could give more clarification on the wording of the clause you raised.

In conclusion to your complaint: In light of the Public Analyst’s opinion, presentation of the whole product and similar products on the market and the pending review of the Regulations we will not be pursuing any formal action against the Manufacturer for this product.

Thank you for bringing the matter to our attention.

From the Real Bread Campaign, 13 December 2022

As well as / instead of sending the product for analysis, you might find the information on Jacksons website useful. The QUID on the ingredients list clearly shows that not all of the flour used as an ingredient is wholemeal flour. https://jacksonsofyorkshire.co.uk/products/champion-bloomers

From Hull, 13 December 2022

I shall test purchase the product and submit to the Public Analyst for comment. This may take some time for the results to be received but I will contact you with the outcome.

From the Real Bread Campaign, 7 December 2022

I am writing to you as the trading standards department with the Primary Authority relationship with Jacksons.

Section 6 of The Bread and Flour Regulations 1998 demand that: ‘There shall not be used in the labelling or advertising of bread, as part of the name of the bread, whether or not qualified by other words […] the word 'wholemeal’ unless all the flour used as an ingredient in the preparation of the bread is wholemeal.’ The Regulations go on to require that: ‘no person shall sell or advertise for sale any bread in contravention of this regulation.’

Governmental guidance published by Defra states that: 'Bread labelled or advertised as ‘wholemeal’ must contain 100% wholemeal flour.'

Despite this, we have found that the word wholemeal is being used prominently by Jacksons to name and market its ‘Bloomin’ Both’ loaf. This product is not made from 100% wholemeal flour, as per the legal requirement for using the word wholemeal.

On 9 June 2022, we wrote to the head of the company, asking them to review their naming and marketing of this product. Having not had a reply, on 23 June we wrote to them again. 

As we still have not had an answer from the company, and Citizens Advice declined to get involved, please will you investigate and advise us of what action you will take to ensure that they follow the regulations and official guidance? Please also give me an estimated timeline for resolution.

The case in fact dates back to July 2022, when the Campaign sent a complaint about a number of products to the trading standards department of Tower Hamlets, the London Borough in which the Campaign is based. LBTH declined to investigate the case. Instead they advised that we needed to pursue the complaint as five separate cases, one with each of the councils that have a Primary Authority relationship with each of the companies.