The main argument of the note is that using terms such as meat and plant-based milk can confuse the consumer. However, research shows that the choices are conscious
By Vinicius Gallon and Victoria Gadelha
The Ministry of Agriculture, Livestock and Supply (MAPA) sent an official letter earlier this month requesting information from the Ministry of Health, to which Anvisa (the Brazilian health regulatory agency) is linked, and the Ministry of Justice, where the National Consumer Secretariat (Senacon) is located, regarding the labeling of plant -based products . The letter was based on a technical note from the Ministry itself, which analyzes the current regulations and concludes that plant-based protein products are not in compliance.
As a result, a lot of misinformation began to circulate on the internet, causing confusion and concern in the alternative protein sector. Gustavo Guadagnini, president of The Good Food Institute Brazil, assures that this is an expected move: “The GFI is fully involved in the regulatory process and this official letter does not represent a drastic change in position, nor a new decision. The technical note is not a decree or a change in legislation, it is just part of an official letter, that is, part of a conversation initiated between ministries regarding the need to regulate a new sector.”
The president of GFI Brazil states that there is no indication that the government would attempt to apply rules created years ago, even before the sector existed: “If the Ministry of Agriculture were to enforce current legislation, they would have issued fines and penalties to plant-based product companies. Everyone already knew that the plant-based sector is not covered by current legislation because it did not exist when these laws were created. Therefore, our expectation is that specific rules will be created for this new industry. What we need to do now, as a sector, is to intensify communication with regulatory agents and share facts and data so that they can make the right decisions, including during this transition period.”
Global context
Similar discussions have already taken place globally and it is clear that the arguments against the use of animal terms by the plant-based industry have not held up. Most decisions against the sector have been overturned. Here are some examples:
In 2021, the European Union rejected Amendment 171, which would have made the rules for marketing plant-based dairy products even more restrictive, and the European Parliament also voted against a motion seeking to prohibit plant-based products from using terms such as hamburger, steak, and sausage. In France, the decree that was to come into effect in October of this year prohibiting "meat" terms in plant-based products ended up being suspended.
In the United States, initiatives have unsuccessfully attempted to ban the use of terms like "milk" and "hamburger." In Mississippi, the lawsuit was dismissed after both sides reached an agreement on product labeling, and in Arkansas, a judge granted an injunction, rendering the law unenforceable. This year, Tofurky achieved a major legal victory in Louisiana when the judge ruled the law unconstitutional. With legal representation from the Animal Legal Defense Fund and The Good Food Institute USA, the lawsuit filed by Tofurky proved that the state, which argued that terms like hamburger and sausage in plant-based products confuse consumers, presented no evidence to support this claim and therefore could not prove that the law promotes the state's interest in preventing consumer confusion.
In India, the requirements imposed in July by the regulatory agency do not concern "borrowed" terminology and nomenclature: the concern is to ensure that the product sold as "plant-based" is truly vegan.
Let's get to the facts: what does research say about whether consumers know what they are buying?
The rules created to restrict the use of names by the plant-based product sector are based on the claim that consumers buy these products by mistake, since they have similar names and sometimes feature images of animals. However, the evidence points to the opposite and indicates that, in fact, these terms help to accurately convey the flavor, texture and function of the plant-based product. Most research indicates that it would not be clearer to the consumer if, instead of “pea burger”, the product packaging said “pea disc”. Similarly, terms such as “vegetable tube” instead of “vegetable sausage” only make it difficult for the consumer to understand the real application of the product.
To answer this question using real data from Brazilian consumers, GFI Brazil conducted a survey with 2500 respondents distributed throughout the country in order to obtain statistically representative data. According to this survey, conducted between May and June 2022, only 3% of consumers stated that buying a plant-based product believing it to be an animal-derived food was among the main reasons for their first purchase of plant-based alternatives. In other words, 97% of Brazilian consumers bought plant-based analog products for the first time by their own conscious choice.
A 2020 study by Cornell University, "Are Consumers Really Confused by Plant-Based Food Labels? An Empirical Study," showed that consumers are no more likely to think plant-based products come from animals if the product name incorporates words traditionally associated with animal products. Furthermore, it also concluded that omitting these words from plant-based product labels causes consumers to be confused about the product's taste and use. A 2020 Dutch survey found that 96% of the 22.770 people interviewed were perfectly aware that plant-based sausages did not contain meat.
A 2021 study in Australia concluded that 91% of Australians never mistakenly bought a plant-based product thinking it was made from meat. In fact, there was more confusion on the part of consumers who sought to purchase a plant-based product and unintentionally bought one with animal ingredients. The study analyzed more than 250 plant-based meat alternatives available in Australian supermarkets and found that 100% of the front-of-package labels use at least one term to clearly show that they are meat-free. 85% use two or more terms to indicate that they are entirely plant-based, and more than half use three or more terms.
Another Australian study from 2022 showed that 96% of respondents had never mistakenly bought a plant-based alternative, and of the remaining 4%, more than 67% admitted that the mistake happened because they were in a hurry and didn't read correctly or didn't pay attention. On the other hand, the confusion is much more common: 41% of respondents said they had bought a product thinking it was entirely plant-based, only to later discover that it contained ingredients of animal origin. This type of error is possibly caused by animal-derived products that use green labels to claim they are healthier or more sustainable. It was found that 64% of participants said that terms like "meat-free" help differentiate products, and 57% responded that they prefer even more specific terms (such as "plant-based chicken" and "meatless minced meat") to identify the plant-based product.
It's worth mentioning that the percentage of consumers who are misled by other types of information is much higher than the 3% found in Brazil. Experts suspect that a large portion of consumers don't know how to differentiate between terms already approved for labeling, such as the difference between milk and dairy-based formula, or between cream and culinary mix. The national media, in fact, has been running campaigns to clarify this issue for consumers. It's important to contextualize the margin of error presented here, comparing it with others that are already considered acceptable by law. Research in Brazil and worldwide indicates that the plant-based food sector is not, and will not be, a real problem for the consumer.
The truth is that consumers aren't buying plant-based products by mistake. They're buying them because they're part of a growing global movement of people seeking more ethical, healthy, and sustainable products that offer the same sensory experience as their plant-based counterparts.
Another point that has been raised in recent claims is the healthiness of plant-based products. According to a recent nutritional study conducted by GFI Brazil comparing plant-based products with their animal-based counterparts, it was possible to observe that plant-based foods are more beneficial to health. The analysis was conducted based on data collected from the labels of meatballs, breaded products, hamburgers, sausages and kibes of animal and plant-based origin, taking into account the update of ANVISA's criteria for labeling packaged foods. Among the new guidelines that come into effect in October 2022, it will be mandatory to inform on the front label when the product has high levels of sodium and saturated fat.
By drawing parallels with the concepts of the NOVA Classification, a parameter that groups foods according to their level of processing, it was revealed that processed plant-based products provide a healthy and adequate nutritional experience, mainly in terms of fiber content, caloric density, sugars, and protein content. Some of the results found were:
- Only 33% of plant-based products were high in saturated fat and sodium, while 50% of animal-based products were high in fat and 58% in sodium;
- 76% of meat products plant based may contain a nutritional claim of fiber source, compared to just 4% of traditional meat products;
- The average occurrence of food additives was higher in traditional meat products, reaching an average value of five additives per product analyzed. On the other hand, plant-based meat products presented an average value of only three additives for each product analyzed.
Along the same lines, research indicates benefits of adopting a plant-based diet, highlighting advantages related to reducing obesity and controlling blood pressure and cholesterol. Franca et al. (2022) evaluated the nutritional composition and processing nature of plant-based products. By establishing parallels with the concepts of the NOVA Classification, the authors revealed that processed plant-based products (mainly 2nd generation: meat substitutes obtained from high-moisture extrusion) provide a healthy and adequate nutritional experience, mainly regarding fiber content, caloric density, sugars and protein content. Additionally, Messina et al. (2022) reported that the composition of the plant-based product and its impact on health and sustainability are the most important aspects to be considered when evaluating nutritional attributes, rather than the processing involved in its preparation.
Trying to prevent plant-based products from using terms that are already widely known does not benefit consumers or the market. In Brazil, the plant-based meat and seafood sector generated R$573 million in retail sales last year and has already placed Brazilian products in more than 30 countries around the world. Not only are new companies emerging to serve this market, but giants in the animal protein sector are investing heavily in plant-based products. Primary producers (of grains, legumes and vegetables) will also benefit from this rapidly expanding sector; supermarkets will be able to offer an increasingly wide variety of foods and cater to all audiences. Not to mention the countless opportunities to create jobs in various areas.
Brazil, which is a leader in exporting animal products, can take advantage of the full potential of its industry and agribusiness to also lead in the alternative protein sector. For the president of GFI Brazil, this seems to be just a matter of time: “our dialogue with the government today is very good and the debate between different ministries is part of the regulatory process, as is the public procurement of subsidies and the idea of a National Plan for Alternative Proteins, things that have already happened. We are confident that the Brazilian regulatory process will be in favor of innovation and will launch Brazilian agriculture as a leader in the global alternative protein sector.”
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