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Trade marks with 鈥渉ealthy鈥?or 鈥渘atural鈥?food connotations mislead consumers
An Australian survey by leading consumer advocacy group CHOICE has found that many food manufacturers are using a 鈥渢rade mark law loophole鈥?to label food as 鈥渉ealthy,鈥?even if they are high in fat and sugar.
CHOICE鈥橲 study of 200 products with 鈥渉ealthy鈥?trade-marked brand names found that almost half were high in saturated fat, sugars or sodium.
The ability of a food manufacturer to secure a trade mark that includes the words 鈥渉ealth鈥?or similar words is limited by the Trade Marks Act, which states a trade mark application must be rejected if its use is contrary to law. CHOICE says there may be scope for food enforcement agencies to take action where the trade mark breaches the State Food Act.
CHOICE also referred to The George Institute鈥檚 database of 1300 products and brands that use the word 鈥渘atural鈥?in their product name or package marketing 鈥?but the ingredients may not necessarily reflect this.
CHOICE spokesperson Ingrid Just said that consumers should be wary when choosing products with names such as 鈥渘atural,鈥?鈥渉ealthy鈥?or 鈥渇resh.鈥?/p>
鈥淛ust because a product鈥檚 brand name suggests that its healthy or natural doesn鈥檛 necessarily mean it鈥檚 good for them (consumers) or the environment,鈥?Ms Just said.
Ms Just said that the trade mark loophole had also been used on 鈥渆nvironmentally friendly products,鈥?and recommended that consumers were best to read the nutritional information if looking for a healthy product.
CHOICE said that 鈥渉ealth food鈥?aisles in Coles and Woolworths contain some healthy foods, such as nuts and dried fruits, but they also have products that should be treated as more of an indulgence than a health food.
CHOICE is currently playing a key role in a government-led process to develop a front-of-pack labelling system that aims to let consumers know at a glance whether or not a product is healthy, cutting through these claims.




