On August 14, 2014, the National Organic Program (NOP) published instruction 4012 u201cUse of Brand or Company Names Containing the Word u2018Organicu2019.u201d This instruction document is directed at certifiers and clarifies an area of potential confusion while indicating the NOPu2019s expectations and standards interpretations regarding product labeling.
We applaud the NOPu2019s effort to address confusing areas of the standard and taking a direct and important position intended to ensure consumers are not mislead in addition to providing a strong footing for enforcement of misleading claims in the farm/farmersu2019 market setting.
The NOPu2019s instruction limits misleading or confusing use of u201corganicu201d on product packages as part of brand or company name when the product only complies with the u201cMade With Organicu201d labeling category or is not certified at all. CCOF has confirmed directly with the NOP that this also strengthens the ability for the NOP and (by extension) California State Organic Program to enforce prohibitions on the use of u201corganicu201d in farm names or farms displaying non-organic products in the farmersu2019 market setting.
The NOP instruction, available under Certification News, states that where a product is labeled u201cmade with organic (specified ingredients or food groups)u201d:
u201ci. Brand or company names containing the term u201corganicu201d should not be used on the principal display panel (PDP) of these products.
ii. Company names containing the term u201corganicu201d may be displayed as the name of the manufacturer, packer, or distributor and listed on the information panel as required by Food and Drug Administration (FDA) regulations. Nevertheless, the display of such company names should be reviewed in consideration of its potential to mislead consumers about the composition and organic certification of the product. Although this information is required by the FDA, it should not be displayed in a manner that falsely implies an agricultural product meets certification requirements that it does not.
iii. Brand or company names containing the term u2018organicu2019 should not be used elsewhere on the labeling of these products.u201d
CCOFu2019s conservative implementation of the NOP labeling standards means that very few, if any, CCOF clients are directly affected by this clarification. However, the entire marketplace can benefit from clear guidelines on labeling.
CCOF will apply these guidelines to marketing materials and websites where appropriate to ensure these vehicles are not misleading.
NOP has encouraged certifiers to implement a u201cSound and Sensibleu201d approach to implementation which would include reasonable timelines to bring affected labels into compliance. Any labels that were previously approved remain in good standing, but if they could potentially mislead, certifiers are required to work with the client to bring the labels into compliance. CCOF will review all labels during annual certification cycles.