Eastern Europe Wins Battle over Double Food Standards

In a victory for Central and Eastern European governments, EU negotiators have reached a hard-fought agreement on rules for so-called dual-quality foods — identically branded products being sold with different ingredients in different markets. Central and Eastern European countries have pushed for rules to address this practice, which they say amounts to them getting more inferior products than those in the West.

Everyday items must contain the same ingredients, give or take a few exceptions, according to the new rules agreed Wednesday after days of technical talks following a provisional deal Friday. The practice of marketing dual-quality foods will be considered a “misleading” commercial practice, and companies found to be in violation of the rules face fines of up to 4 percent of their annual turnover.

“It’s the first time … that this is actually recognized,” a Commission official said, quoted by politico.eu.

The rules, which make up part of a broader consumer legislation reform, are several years in the making after a major lobbying effort from former Eastern bloc countries, which faced pushback from those in the West who questioned whether legislation was even necessary.

Under the new rules, differing consumer tastes will not be considered a valid justification for selling different products.

Proponents of rules to crack down on dual-quality foods have pointed to studies such as one in 2015 that showed, for example, that Iglo fish sticks contained 7 percent less fish when sold in Czech supermarkets than in German ones. Another example showed that Czech-sold Sprite contained more aspartame than in Germany, where Coca-Cola sold a version of the soda with more real sugar.

The draft legislation, seen by POLITICO, defines a dual-quality product as one that “has significantly different composition or characteristics,” which companies will be forbidden from marketing “unless justified by legitimate and objective factors.” These factors range from seasonal ingredient shortages or national laws designed to curb sugar in food and drinks products, for example.

The text is also clear that Brussels may devise further restrictions should bad practice continue.

Under the draft law, Brussels would monitor the rules’ effect for two years before submitting an analysis to the European Parliament and national capitals. “This report shall be accompanied, where necessary, by a legislative proposal,” the text says.

The rules must still receive the final rubber-stamp of approval from the European Parliament and the Council to be finalized.