11 replies to this topic

[kaiti.vog]

Dear all,

 

I am a Quality manager with almost 10 years experience in the food industry in quality related positions at a company that produces food supplements for  B2B customer (private label). The company is in Europe. Just for your information, food supplements are foodstuff according to european regulations and not a medicine.

 

I need your knowledge and your opinion about  a topic. Here is the issue:

 

A production employee accidentally added sodium ascorbate (0,6%) in a food supplement that normally does not contain any sodium ascorbate in the recipe. 

 

My reaction: We should inform the customer so that they can adjust their labels.

 

There was a discussion in the company between me, the CMO (who has experience in QM, worked as Quality Manager in the past and is my superior) and the CEO who has no QM experience. They both believe that this is not food fraud because there was no intention it was an accident, because there is no economical motivation behind it, and because in general sodium ascorbate is safe. So they didn´t want to inform the customer.

 

I was trying to convince them that if they decide not to inform the customer then there is an economical motivation behind it. They are afraid that the customer decides not to buy the product.

 

At the end, I convinced them to inform the customer. 

 

The problem is that they still believe that they shouldn´t have informed the customer because it is not food fraud.

 

The CMO with QM experience asked me to read about food fraud because obviously I don´t know what food fraud is. What do you think? What can you advise me? How can I convince them? 

 

Thank you in advance.

[kconf]

If the CEO says no, don't. It's in your best interest. 

 

After all, it is just unintended vitamin C. 

[kaiti.vog]

Hi kconf,

 

thank you for your answer.

 

We have already informed the customer. So it´s not about what to do and if I have to be afraid of something.

 

The question is if it is a food fraud or not and if it is how to convince them?

[Setanta]

I am thinking that any ingredient that isn't listed and was added to the mix would constitute fraud. This was caught and concerned parties notified, means both sides are ok with this.

 

If you hadn't told them I think you risk misrepresenting your product and to me that's fraud. The very low percentage just means the impact will probably be small.

[Debsday]

Hi

I would not call this food fraud, it is adulteration. If the customer has a label that does not list the ascorbate it is a regulatory issue for them to use this product. It is always better to be up front with a customer. It may lose a sale, if the customer finds out later it can hurt the company more.

[kconf]

Hi Katie,

 

It is not food fraud.

[G M]

Adulteration is how I would categorize it as well.  There are ingredients included not listed on the current label or specifications. -- There may be an 'easy' corrective action, but it wasn't supposed to be there.

 

Fraud would have required deceit or self-serving intention.

[Scampi]

um-they'd be lying so................

 

vitamin can affect how certain medications work, so the label needs to be clear

 

Not fraud, but is adulterated product  AND the nutritional facts table may also not be correct any longer

[ChristinaK]

I agree that it's adulterated product. Since it was added accidentally, it would specifically be "unintentionally adulterated."

[kaiti.vog]

Thank you all for the replies. So it was adulterated but not fraud since it was added accidentally and would only have been fraud if we haven’t informed the customer?

[kingstudruler1]

Thank you all for the replies. So it was adulterated but not fraud since it was added accidentally and would only have been fraud if we haven’t informed the customer?

 

Not quite sure I understand what food supplements are, but here are my thoughts.  

 

Fraud usually involves the addition, subtraction, or substitution of ingredients for financial gain.    Since there appears to be no intent to defraud involved, I dont think it fits into the fraud category.  

 

Adulteration is usually reserved for something that has been processed or held in a manner that renders it unsafe.    If the added ingredient would make the product unsafe then adulteration would fit.  (there are cases where fraud also renders the product unsafe)

 

If it doesnt fit into those two catagories it could be considered some form of mislableing / misbranding.  

 

Im using USA terms you may have different terms and definitions in GER.  

[manwellm]

Hello  Kaiti, 

 

Food fraud is usually willingly committed for some sort of financial gain, I.E. using cheaper ingredients in place of more expensive ones, diluting concentrations, etc. Even if you did not inform the customer about this, it still would not be considered food fraud. It would still be  unintentional adulteration.