I direct Miss Fit Enterprises Limited to ensure that all batches of the food identified in Part 1 of the Schedule

Transcription

1 / Environmental Health Officers Service, 4th Floor Chamber House Chamber Square, Tallaght, Dublin 24 Phone: 24/01/2019 Miss Fit Enterprises Limited, Suite 20, Block 6, Stokes Court Rear of 7 Main Street, Dundrum, Dublin 14 S.I. No.117 of 2010 EUROPEAN COMMUNITIES (OFFICIAL CONTROL OF FOODSTUFFS) REGULATIONS 2010 PROHIBITION ORDER Premises Reference: To: Miss Fit Enterprises Limited I,, being an authorised officer of the Health Service Executive under the Food Safety Authority of Ireland Act, 1998 ( the Act ), and European Communities (Official Control of Foodstuffs) Regulations 2010 S. I. No. 117 of 2010, and in exercise of the powers conferred on me by Regulation 20 of S. I No. 117 of 2010, hereby direct that the Miss Fit Skinny Tea 14 Day Skinny Tea 35 gram loose leaf tea, Miss Fit Slimming Coffee 14 Day Fat Burning Instant Coffee net weight 70 gram, Miss Fit Skinny Tea Max net weight 35gram and Miss Fit Skinny Coffee Max net weight 70 gram identified in Part 1 of the Schedule be withdrawn from sale with immediate effect. I make this order being of the opinion that there is non-compliance with food legislation as outlined in Part 2 of the Schedule and that the food identified in Part 1 of the Schedule should be withdrawn, as directed below I direct Miss Fit Enterprises Limited to ensure that all batches of the food identified in Part 1 of the Schedule i) are not used for human consumption ii) are recalled from sale or distribution (whether or not the food is on sale or being or has been distributed for sale in the State or elsewhere) iii) in the interests of public health, are detained at Unit 14 Block P, Greenogue Business Park, Rathcoole, Co Dublin and rendered safe by ensuring the labelling of all 4 products complies with Regulation (EU) No 1169/2011 on the provision of food information to consumers, Regulation (EC) No 1924/2006 on nutrition and health claims made on foods and Directive 2002/46/EC on food supplements or are destroyed in a manner prescribed and witnessed by, authorised officer.

2 Schedule All batches of Miss Fit Skinny Tea 35 gram loose leaf tea Part 1 All batches of Miss Fit Slimming Coffee 14 Day Fat Burning Instant Coffee net weight 70 gram All batches of Miss Fit Skinny Tea Max net weight 35gram All batches of Miss Fit Skinny Coffee Max net weight 70 gram Particular reasons for making of Order The incorrect, misleading and ambiguous labelling of these products is a significant noncompliance with food safety legislation and will or is likely to pose an unacceptable health risk to consumers of Miss Fit Skinny Tea, Miss Fit Slimming Coffee, Miss Fit Skinny Tea Max and Miss Fit Skinny Coffee Max. Miss Fit Skinny Tea 35 gram loose leaf tea DAY SKINNY TEA is not an appropriate descriptive name for a food as required under Article 17. Part 2 Regulation (EU) No 1169/2011 Chapter IV Article 9 2. The Sales name Miss Fit Skinny Tea is not sufficient to constitute a descriptive name. In providing a descriptive name, reference will be made to the ingredients of the product and this will trigger a requirement for a Quantitative Ingredient Declaration for those ingredients as required under Article 9(1)(d), 22, and Annex VIII. If particular ingredients are mentioned on the packaging then these will require Quantitative Ingredient Declaration. Since there is mention of "10 powerful natural ingredients" and as reference to ingredients has been made on the packaging each one of these powerful natural ingredients should have a Quantitative Ingredient Declaration. 3. Food supplement -- This product is labelled as a food supplement but it does not meet the 4. The term Does not contain laxatives is visible on the packaging. Under Article 7(1)(c) this statement would only be acceptable if other similar products contained laxatives. Laxatives have a medicinal function in that they are used to treat or prevent constipation. Medicinal substances are not permitted in foods.

3 5. The brand name Miss Fit Skinny Tea is in breach of Article 1(3) by implying this product is beneficial for weight loss which is not supported by an authorised or on-hold health 6. The label does not comply with the nutrition and health claims regulation. There are no authorised health claims relating to the ingredients in this product. However, the information on the label claims 10 powerful natural ingredients that have been hand selected for their incredible health benefits by Ruth. Article 10 (1) states that health claims shall be prohibited unless they are authorised and included in the lists of authorised claims provided for in Article 13 & 14. Regulation (EC) No 1924/2006 Chapter II Article 6 7. The label also bears the statement In as little as 14 days, using our program, you ll have noticeably looser clothes, you ll have more energy and you will have a flatter tummy. This food information, along with the name of the product Miss Fit Skinny Tea infer that the product has health benefits in relation to weight loss and energy. As stated above, there are no authorised health claims relating to the ingredients in this product. Article 6 (2) states that a food business operator making a nutrition or health claim shall justify the use of the claim and to date, you as the food business operator have not justified the use of any health or nutrition claims. Miss Fit Slimming Coffee 14 Day Fat Burning Instant Coffee net weight 70 gram 8. The sales name Miss Fit Slimming Coffee is not sufficient to constitute a descriptive name. Similarly 14 DAY FAT BURNING INSTANT COFFEE is not an appropriate description of the food. A descriptive name should reflect the true nature of the product as required under Article 17. The name Miss Fit Slimming Coffee implies that the product is just coffee and there would need to be a better and more informative product description. 9. Food supplement -- This product is labelled as a food supplement but it does not meet the Regulation (EU) No 1169/2011 Chapter IV Article There are ingredients emphasised on the label namely through words with L-Carnitine & Garcinia Cambogia where the amounts used within the product have not been declared as required under Article 22 (1)(b). 11. The brand name Miss Fit Slimming Coffee is in breach of Article 1(3) by implying this product is beneficial for weight loss which is not supported by an authorised or on-hold health 12. The following text namely 14 day fat burning coffee, to burn fat and increase energy, this coffee is perfect for safe and natural weight loss whilst at the same time increasing your alertness and sip your way to slim all imply the product is beneficial for weight loss. As stated there are no authorised claims listed in the EU register for ingredients in respect of this product. Article 10 (1) states that health claims shall be prohibited unless they are authorised and included in the lists

4 of authorised claims provided for in Article 13 & 14. Miss Fit Skinny Tea Max net weight 35gram 13. Miss Fit Skinny Tea Max is not an appropriate descriptive name for a food as required under Article Food supplement -- This product is labelled as a food supplement but does not meet the 15. The term No senna or laxatives is visible on the packaging. Under Article 7(1)(c) this statement would only be acceptable if other similar products contained senna or laxatives. Laxatives have a medicinal function in that they are used to treat or prevent constipation. Medicinal substances are not permitted in foods. Regulation (EU) No 1169/2011 Chapter IV Article The term zero calories is visible on the packaging. Under Article 30, it is not permitted to declare a single nutrient. For front of packaging labelling, only the format permitted under this legislation must be used. 17. The label states gluten free. Under Article 7 this is misleading as you would not expect to find any gluten containing ingredients in a tea. 18. The terms Max Fat Burn (L-Carnitine) fat burn and You ll burn fat so fast - are considered medicinal claims and breach Article 7(3) of Regulation 1169/ The brand name Miss Fit Skinny Tea Max is in breach of Article 1(3) by implying this product is beneficial for weight loss which is not supported by an authorised or on hold health 20. Max Hunger Control (Glucomannan) There is an authorised claim for Glucomannan and weight loss on the EC Nutrition and Health claims register. As per Article 10, the conditions of use for this claim require the product to state that the beneficial effect is only if the individual is on an energy restricted diet, and provides 1g of Glucomannan per portion. The product does not contain either of the statements as required by the product conditions of use. 21. The texts I ve added Glucomannan and L-Carnitine because they re clinically proven to help you lose weight and the safe and simple, quick and easy way to lose weight and you ll feel less hungry meaning you eat less, all breach Article 10 as they are general health claims which are not supported by an on-hold or authorised Article 13 or 14 specific health Regulation (EC) No 1924/2006 Chapter II Article 3

5 22. So you start snacking and over indulging and before you know it your back to where you started miss fit skinny tea is the answer this claim is in breach of Article 3 for being ambiguous and misleading. Miss Fit Skinny Coffee Max net weight 70g 23. Miss Fit Skinny Coffee Max is not an appropriate descriptive name for a food as required under Article 17. The name Miss Fit Skinny Coffee Max implies that the product is just coffee and there would need to be a better and more informative product description. 24. Food supplement -- This product is labelled as a food supplement but does not meet the 25. The term You''''ll burn fat faster is considered a medicinal claim and breaches Article 7(3) of Regulation 1169/ The brand name Miss Fit Skinny Coffee Max is in breach of Article 1(3) by implying this product is beneficial for weight loss which is not supported by an authorised or on hold health 27. The texts smash the scales in 14 days and I lost 8lbs and my clothes are looser and you''''ll burn fat faster all breach Article 10 as they are general health claims which are not supported by an on-hold or authorised Article 13 or 14 specific health Dated this day 24/01/2019 Signed: Authorised officer duly authorised by Regulation 20 of S. I No.117 of Note: Under Regulation 20(6) of S.I. No. 117 of 2010, a person who is aggrieved by a Prohibition Order may, within the period of seven days beginning on the day on which the Prohibition Order is served on him or her, appeal against the Order to a Judge of the District Court in the District Court District in which the Order was served