FALSE LABELING
KEYWORDS: JAPAN AGRICULTURAL STANDARDS, JAS, AGRICULTURAL LAW, UNFAIR COMPETITION LAW

One Japanese manufacturer of buckwheat soba noodle products got into trouble when it was discovered that it used US grown buckwheat in its “100% Hokkaido” buckwheat products. Sometimes as much as 60% of a product was the US buckwheat. The company defended that it took Hokkaido seeds to the US and grew them there, but the Ministry of Agriculture, Forestry and Fisheries still said it was in violation of the Agricultural Standards Law, which prohibits labels that give consumers a false impression.

In another case, a cooperative JA Kagawa and a food maker Yasuda Seifun were raided by the Kagawa Prefectural Police for falsely claiming that their udon noodles used locally famous Sanuki-no-yume flour, when they were mostly using flour from Australia. The Police claimed such practices were in violation of the Unfair Competition Law. Prefectural authorities also demanded that the company bring its practices into accord with the above-noted Agricultural Standards Law, which prohibits labels that give consumers a false impression.

Japan Agricultural Standards (JAS) food & beverage (not including alcohol) products, agricultural & marine products, and products made from them excluding pharmaceuticals.

The Ministry of Environment found that about a third of the hot springs businesses in Japan were adding tap water to their hot springs, in almost 100 cases two-thirds of the water used was tap-water. The Ministry found that in 17 cases the hot springs were using water sources not permitted under hot springs laws. Some were including additives to make the water look volcanic.

One man was jailed for 30 months for making almost 4 million yen by selling a cheap Japanese alcoholic drink, schochu, relabeled as a much more expensive brand on an internet auction site. He had violated the Trademark Law. It was also found to be fraud. Another man was also given a 32 month suspended sentence for the same kind of violation.

From the year 2000, according to a revision of the Food Sanitation Law, due to allergy concerns, stores must disclose products using eggs, peanuts, white flour, milk or buckwheat. Godiva Japan, the Japan affiliate of a European chocolate firm, launched a recall of some of its truffle’s chocolates when they were found to contain an additive banned under the Food Sanitation Law. Suntory also recalled 540,000 bottles of Chinese style alcoholic beverages when it discovered they included ingredients also banned under the Food Sanitation Law. In 2004, after meeting with the Ministry of Health, Labor & Welfare, the Ministry of Agriculture, Forestry & Fisheries announced new labeling  standards  disclosing origin for dried fruits and vegetables, raw green tea, rice cakes and some salted foods. The standards are voluntary until 2007. Origin disclosure in Japan is often used to show that it came from a foreign country, and Japanese are often xenophobic when it comes to their food sources.

Copyright 2005. All rights reserved Attorney Roderick H. Seeman

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