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Lack of legal definition for vegan food could be dangerous, group warns

With little oversight and enforcement from government agencies, “vegan” food products are being mislabelled and posing a risk to people with allergies, the Chartered Trading Standards Institute (CTSI) has warned.

There is no legal definition or certification for vegan or vegetarian food in the US, the UK or the EU, but CTSI argues that there should be. Many types of certifications exist for vegan and vegetarian food, but they are not protected or approved by federal agencies.

The CTSI said this puts people with allergies at risk, and causes confusion for consumers and businesses. In the US, for example, the Food and Drug Administration does not regulate the term “vegan” but has recently released labelling recommendations for plant-based food products like milk alternatives.

“CTSI is calling for a new legal definition of vegan food to be created to ensure the rules are clear, and that any food manufacturer or restaurant flouting these rules can be held accountable,” CTSI said. “This would provide clarity for those with allergies, for example to milk or eggs, over whether or not food labelled as vegan is safe to eat.”

Confusion for consumers and brands

In UK adults, about 4.5% follow a vegan diet and 14% follow a meat-free diet. And about 76% of the population believes that food labelled as vegan is completely free of any ingredients derived from animals, according to data from CTSI.

But because brands are free to make vegan and vegetarian claims on products without regulation, this isn’t always the case.

“Our research reveals that many consumers mistakenly believe that when something is described as vegan or plant-based, it doesn’t contain any animal products. However, there is currently nothing in the law that requires this to be true,” said John Herriman, CEO of CTSI.

“As well as causing confusion for consumers and businesses, the lack of legal definition could be exploited by unethical food businesses claiming foods are as vegan, when in fact they contain animal-derived products.”

^{Pictured: Vegan food on display in supermarket | © AdobeStock/Mara Louvain}

Data supplied by Hampshire and Kent Scientific Services revealed that several products labelled as “vegan” or “plant-based” actually contained milk or eggs. Items like chocolate truffles, pizza, pecan pie, vegetable curry, and brownies all contained a noticeable level of the animal ingredients.

Closing gaps in diets with proper labelling

A brand can apply for certifications from well-known and respected organisations, like Vegan Action, and if approved, can then use the group’s official Certified Vegan logo on its packaging. The more brands that achieve these certifications, the more often the logos will be recognized and trusted by consumers.

But without government oversight, brands can design their own unique logos for packaging to claim a product is vegan without any vetting process backing up that claim.

“As more consumers choose to eat food with no animal-derived ingredients it is important to establish what, as a society, we want that to mean,” said David Pickering, lead officer for food and nutrition at CTSI.

CTSI said that countries should adopt a legal definition of vegan food, including legal thresholds for what constitutes animal-free food. It also recommends education campaigns to raise awareness of what to look for on a label, as well as further stakeholder engagement in the industry in order for guidance to align with other countries.

“The dramatic increase in consumption and production of vegan and plant-based foods over the past five years has caused the sector to increase in value and shows no sign of slowing,” CTSI said. “Consumers rely heavily on nutritional labelling provided on food labels and any false or misleading claims could leave them with gaps in their diet.”