Just to update everyone. I have contacted Campden regarding the issue and response was:
1. Products are not on the protected names and status (PDO/PGI status) and therefore do not need to be made to a certain specification
2.
Food Information shall not be misleading as to the characteristics, identity, properties, composition, quantity, durability, country of origin or place of provenance, method of manufacture or production as in accordance with Article 7 of Regulation (EU) No. 1169/2011 on Food Information to Consumers (FIC).
3.Article 2 (2)(o) of the Regulation EU 1169/2011 (FIC) defines customary name as ‘a name which is accepted as the name of the food by consumers in the Member State in which that food is sold, without that name needing further explanation’.
4. Article 26 (2)(a) of the FIC suggest that the naming the product with the provenance may mislead the consumer
5. The Food Information to Consumers Regulation EU No 1169/2011 (the FIC) states that they should not replace a legally compliant product name; and of course there is the general requirement in Article 7 of the mentioned Regulation that consumers must not me misled. Where a description is to be applied to a product, one should bear in mind Article 17 of Regulation (EU) No. 1169/2011 on the provision of food information to consumers (FIC), in so much that the name of the product must be precise enough to enable consumers to know the true nature of the product and to distinguish it from foods with which they could confuse it with.
6. In addition to the naming requirements under the FIC, in instances such as this, the Consumer Protection from Unfair Trading Regulations 2008 and the EU ‘General Food Law Regulations’ (Regulation (EC) NO. 178/2002), must also be considered as this covers the overall impression of the product (which would include the name), and could the term ‘chocolate fudgy brownies’ mislead the consumers into purchasing the product, thinking that it contains fudge, this is ambiguous and therefore potentially misleading.
7. it is our business and we must be able to explain the names when challenged by the enforce officers.