Product packaging refers to the physical materials used to wrap or protect goods, whereas product labels are attached on the product package to provide information such as the manufacturer of the product, date of manufacture, expiry date, ingredients, how to use the product, and its handling.
Apart from the aesthetics, the packaging and labeling must meet certain legal requirements.
Product Label Requirements
Product labels must contain the following information:
- Name, trade name or description;
- Name and complete address of manufacturer/packer, importer, country of origin of the imported food;
- Net weight, number or volume of contents in metric units;
- Distinctive batch, lot or code number;
- Month and year of manufacture and packaging;
- Month and year by which the product is best consumed;
- Information about pharmaceutical and industrial products must be in English;
- If food products have been genetically modified (GM) this must be indicated in the label.
Consumer Protection Act (CPA) 68 of 2008
The purpose of the CPA is to prevent exploitation or harm to consumers by regulating the way in which businesses interact with consumers, and market their products and services. Product packaging and labeling must not mislead or deceive consumers, or make any representation about a supplier or any goods or services unless there are reasonable grounds for believing that the representation is true.
The CPA prohibits misleading trade descriptions, which includes any statement made in an advertisement, product label or product packaging, or any display of a supplier which describes the number, quantity, measure, weight or gauge of the goods advertised and/or referred to on the labels or packaging. An example would be that a supplier must not knowingly use a trade description that is likely to mislead the consumer as to any matter implied or expressed in that trade description, for instance “low fat” or “slimming”. The packaging and labeling must furthermore be in clear and plain language.
Product packages containing any hazardous or unsafe goods must have sufficient information advising the consumer of the risk of such goods. Should a consumer suffer harm due to unsafe goods, the supplier may be held liable without needing to prove negligence on the part of the supplier. The type of harm suffered may include death, injury, illness, loss of or damage to property, or any economic loss that results from any of the types of harm listed above.