You have created a new consumer product. A key issue is how you are going to sell it. One important aspect lies in finalising the labelling and packaging of your new product. When creating labels and determining packaging, it is helpful to consider the consumer and what they should know when using your product. Packaging and labelling are an important part of your product’s development and marketing stages, and certain rules apply to the kind of information you must disclose to the consumer about what you’re selling, particularly for food products or therapeutic goods. This article explores the labelling and packaging requirements for food, therapeutic goods and cosmetics.
Food Labelling and Packaging
It is important to note that each State and Territory has their own laws on how food should be handled. In NSW, the NSW Food Authority (the Authority) enforces requirements outlined in the Australia New Zealand Food Standards Code (FSANZ), the Food Act 2003 (NSW) and Food Regulations 2015 (NSW).
Mandatory requirements for food labels are:
- the name and/or description of the food;
- identification of the lot and batch number (food recall information);
- name and Australian business address of the supplier;
- list of ingredients;
- shelf life of the product, including date mark and expiry date;
- nutrition information panel;
- country and origin of the food; and
- warning and advisory statements, particularly in regards to food allergies e.g. ‘this may contain traces of nuts’.
It is important to note that the Authority is not responsible for the following:
- barcodes;
- recycling codes;
- pet food; and
- therapeutic products registered by the Therapeutic Goods Administration, including dietary aids and supplements.
If you are unsure about how you should package your food product, check the NSW Food Authority website for more information, or speak to a lawyer.
Therapeutic Goods and Cosmetics
Packaging and labelling therapeutic goods and cosmetics are particularly important given such goods may be hazardous if not used correctly. There are specific labelling requirements depending on whether your product is a cosmetic or a specific type of therapeutic good. Some therapeutic goods will require the inclusion of an advisory statement, such as:
- “keep out of reach of children”;
- storage conditions; and
- directions for use.
Many therapeutic goods may also need to be packaged in such a way that children cannot open the medical devices and also have labelling obligations that a medical device manufacturer will need to adhere to.
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There are also general mandatory product safety standards that all consumer goods and product-related services must satisfy, particularly those that contain chemicals or potentially hazardous ingredients. The mandatory information standards ensure that consumers receive essential details of a particular product to enable them to make appropriate personal choices when they purchase, consume or use it. There are mandatory standards for various products, including household cots, quad bikes and treadmills.
Other product labelling information can be in the form of symbols and graphics recognized by consumers, such as energy efficiency star ratings on fridges and washing machines or the Heart Foundation Tick of Approval on food products.
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Key Takeaways
When you create a new product that will be sold to consumers, you might need to communicate specific important and mandatory details. Failing to include these details may impact the supply of your product and negatively affect your business. Thus, it is essential to get the labelling and packaging of your product right.
To avoid any confusion as to the legal requirements expected of your new product and its packaging, one of our experienced consumer lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Mandatory requirements include the name of the food, identification and lot and batch number (for food recall purposes) and warning and advisory statements.
No. Sunscreen is considered a therapeutic good and is regulated by the Therapeutic Good Administration (TGA). You should consult the TGA instead.
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