Navigating the Regulatory Landscape of Geographic Food Labeling

The use of geographic terms on food labels is regulated by both the FDA and the Food Safety and Inspection Service of the USDA. A food is considered misbranded if it falsely implies a geographic origin without meeting specific criteria.

Regulatory Guidelines

The FDA and the FSIS allow the use of geographic terms so long as food labels adhere to the following:

• Truthful Representation: The product must genuinely originate from the specified location.
• Trademark or Trade Name: If a geographic term is used as a trademark, it must not be misleading. To qualify, it should:
  • Be long-standing and exclusively associated with a specific manufacturer or distributor.
  • Be arbitrary or fanciful, in which the consumer does not generally understand the name to suggest a geographic origin (e.g., Canadian Bacon).

Required by Federal Law or Regulation: For example the USDA outlines naming conventions for meat products, which may require a declaration of region (e.g.., “Vienna”, “Frankfurter”).

Understanding Risk

A name whose market significance is generally understood by the consumer to connote a particular class, kind, type, or style of food rather than to indicate geographical origin may be an acceptable alternative (i.e Italian Style Pizza). Factors that may influence the risk of this type of claim include: 

• Market Significance: Terms typically understood as a culinary style (e.g., Spanish style) may be lower risk than terms referencing a specific location (e.g., Argentian beef). 
• Premium Perception: Consumers may have a perception of premium ingredients in correlation with a geographical location (e.g., Kona Coffee)
• Specificity of geographic region: more general terms may be lower risk of being interpreted as sourced from a specific region (e.g., Mexican beef vs Oaxacan beef)

Note - FSIS imposes additional requirements for terms like "Style" or "Type," requiring evidence of a distinct preparation method or product attribute associated with the claimed geographic region.

Legal Challenges

Place of origin claims have been a consistent source of litigation. The majority of cases allege misleading consumers about product origin or ingredient sourcing. Product names often take center stage in these disputes, with claims that terms like "Kona Classic" deceptively imply geographic origin.

In summary, accurately using geographic terms on food labels is a complex task with meaningful legal implications. Understanding the specific criteria and potential risks is crucial for food manufacturers to avoid misleading consumers and legal challenges.