Industrial dough fabricators: update

The latest on current Real Bread Campaign enquiries and complaints.

Industrial dough products in a supermarket. Other brands are available.. Credit: Chris Young / www.realbreadcampaign.org CC-BY-SA-4.0

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As the flipside to our year-round work championing Real Bread and the people who make it, we also challenge obstacles to their rise.

Part of this involves scrutinising the products, labelling and marketing of supermarkets and other industrial dough fabricators.

For the background and further updates on all of the below see:

7 March 2024

Defra told us 'We are certainly looking to co-ordinate the publication of updated guidance with the legislative changes coming in.
To clarify the guidance will cover all the provisions covered by the bread and flour regulations including the requirements related to wholemeal.
This work is being conducted on a UK-wide basis with the officials from the Food Compositional Standards and Labelling Framework, it’s hard to give an exact date of publication at this stage as you may have seen from the WTO notification, we expect to lay the legislation at different times across the different administrations due to differing processes and parliamentary schedules. However, we are looking to have a consistent common commencement date across the UK so that the new provisions come into force at the same time across the UK. We will keep you and other members of the Bread and Flour Technical Working Group updated on the development of the guidance as this work progresses.'

26 February 2024

On 9 February 2024 Defra advised that it had notified the World Trade Organisation of the planned changes to the Bread and Flour Regulations. The proposed dates of adoption of the amended Regulations are: 15 July 2024 (England and Wales), 2 September 2024 (Scotland), TBC September 2024 (Northern Ireland). They would then come into force on 1 October 2026.

Today we asked Defra if it will publish its guidance on use of the word wholemeal in July to coincide with adoption of the amended Bread and Flour Regulations. We noted that trading standards officers at a number of local authorities have been saying for months that, until they have this official guidance, they are unable (or unwilling) to proceed on cases involving complaints about apparent breaches of Regulation 6. We also noted that the Federation of Bakers has sought legal guidance on the issue and published an opinion.

26 January 2024

With regard to updating the Bread and Flour Regulations, Defra advised: 'We are currently preparing to notify the WTO of the draft legislative changes in the coming weeks. The notification process involves a comment period for WTO members, following this we anticipate laying the amending legislation in the summer.'

The ASA advised they will publish the outcome of the Asda case on 7 February, and 'we expect to provide you with an update in the Hovis investigation in the next two weeks.'

17 January 2024

The government published its response to the 2022 public consultation on amending the Bread and Flour Regulations. It included adopting our proposal for a legal definition of wholemeal.

15 January 2024

We replied to Manchester: 'It is frustrating that Defra is moving so slowly on issues surrounding a staple of the nation’s diet, however we do not see what guidance trading standards officers require when the law is clear cut.

Regulation 6 of The Bread and Flour Regulations (1998) requires that: 'There shall not be used in the labelling or advertising of bread, as part of the name of the bread, whether or not qualified by other words […] the word 'wholemeal' unless all the flour used as an ingredient in the preparation of the bread is wholemeal.’

In the case of a product not made from 100% wholemeal flour, therefore, the only place that the word wholemeal can appear is on the ingredients list.

The products we have highlighted contain non-wholemeal flour but, despite the prohibition, The Co-op uses the word wholemeal in their names and labelling.

Defra’s response to the public consultation of the review of the Bread and Flour Regulations is not just due: it is almost a year overdue, having originally been promised by last February. After pushing this date back a number of times, Defra gave up giving even a vague estimated publication date of their response, the updated Regulations themselves, or any guidance related to composition, labelling and marketing of bread and flour. We all might be waiting another year; it might never happen at all.

I accept that it is Defra that has left trading standards officers (as well as manufacturers, retailers and shoppers) in limbo but as it is apparent this situation could go on indefinitely, surely it’s way past time for the trading standards community to look again to the unambiguous letter of the law and advise companies accordingly?'

12 January 2024

Manchester wrote: 'My apologies for the delay in getting a response to you on this. As I have noted previously, I did not want to commit to advising the Co-Op without hearing from other Local Authority Officers on this matter.

A meeting was held to discuss the matter, just before Christmas, and based on the outcome of this meeting, Defra have indicated that a response is due to the ongoing consultation on the Bread & Flour Regulations. Along with this, there is an intention to produce guidance on the matter to assist both businesses and regulators in interpreting the regulations and achieving a consistent approach to how they apply to products.

As such, we await the publication of this guidance before taking any decisions on the advice given to our Primary Authority Partner.'

9 January 2024

Our response to Birmingham: "Regulation 6 of The Bread and Flour Regulations (1998) requires that: 'There shall not be used in the labelling or advertising of bread, as part of the name of the bread, whether or not qualified by other words […] the word 'wholemeal' unless all the flour used as an ingredient in the preparation of the bread is wholemeal.’

In the case of a product not made from 100% wholemeal flour, the only place that the word wholemeal can appear is on the ingredients list.

The products we have highlighted all contain non-wholemeal flour but, despite the prohibition, M&S uses the word wholemeal in their names and labelling.

More than four months since we brought this to your attention, why are you allowing M&S to continue marketing products in a way that contravenes The Bread and Flour Regulations?

What guidance can you possibly need when the law is unambiguous and the breach is so clear?"

2 January 2024

Birmingham replied to the email about M&S that we sent on 23 August 2023, and followed up on 2 October, 16 October, 28 November and 5 December: "Following a meeting with Defra before Christmas, Defra are intending to produce guidance on the matter and we await the publication of this before taking any decisions on the advice given to our Primary Authority Partner."

18 December 2023

Tower Hamlets replied: 'I have referred the matter through to Bexley. I understand that there was due to be a meeting between Bexley, Lidl and the DEFRA. I presume Bexley will update you.'

We responded: 'Thank you for this information. As LB Bexley say they refer all plaintiffs to their own local authorities, rather than communicating with them direct, I trust that they will send an update to LB Tower Hamlets to pass on to me. I look forward to hearing from you early next year.'

15 December 2023

We wrote to Enfield: 'Until when have you given Warburtons to follow Defra's advice, in order to comply with the Regulations?'

Enfield replied: 'This information has been sent in an advisory capacity with no date specified. As previously advised, no further action is anticipated at this time.'

13 December 2023

Enfield replied: 'I can confirm that I copied the advice from the email from Defra into the letter and this was sent to the company.'

12 December 2023

We asked Enfield:

'So I’m clear, was your advice to Warburtons that:

By using the word wholemeal to advertise a product made with white flour, the company is in breach of regulation 6 of the Bread and Flour Regulations. (1998)
In order to comply with regulation 6 , Warburtons needs to remove all instances of the word wholemeal (except for the QUID on the ingredients list) from the product’s packaging and all other marketing/advertising.
The company has until DATE X to review their marketing with their legal team and comply.
Defra has suggested wording of a marketing claim that, in the department’s opinion, would comply with both the BFR and also FIR.'

11 December 2023

Enfield replied: 'I can confirm that we have recently written to Warburtons and included the opinion from Defra. As stated in the opinion, this is not an authoritative statement of the law and only the courts can interpret this in a legally binding way. We have advised they check to see how this opinion affects their products and suggested they review it with their legal team.'

We responded: 'There is an authoritative statement of the law: regulation 6 of the Bread and Flour Regulations 1998.

This is very clear in demanding that: ‘There shall not be used in the labelling or advertising of bread, as part of the name of the bread, whether or not qualified by other words […] the word 'wholemeal’ unless all the flour used as an ingredient in the preparation of the bread is wholemeal.’ Whatever its legal standing, the communication from Defra confirms this.

Warburtons’ ‘half & half’ does not meet the ‘all the flour used as an ingredient’ criterion, yet the company uses the word wholemeal prominently in its advertising - notably on the front of pack and company website.

Given the absence of any ambiguity, why has Warburtons been advised to check or review anything, rather than being advised to remove the word wholemeal from its advertising of the product in order to comply with the regulation?'

Enfield replied: 'The business has been advised and we are not taking further action in this matter at this time.'

7 December 2023

A trading standards officer, investigating one of our complaints about apparent misuse of the word wholemeal, highlighted financial constraints under which they are working.

6 December 2023

Birmingham replied: 'I have raised the matter with Marks & Spencer. There is a meeting due to be held later this month amongst the primary authority officers to discuss how to move forward with this matter consistently.'

Cambridge and Peterborough replied: 'Work is being undertaken between local authority officers to provide proportionate and consistent advice to businesses marketing similar products. There is liaison with Defra on the topic too. There will be a meeting this month so I expect I will be able to update you with the situation in January.'

5 December 2023

We...

...asked LB Tower Hamlets to forward to LB Bexley our complaint about Lidl's Rowan Hill brand ‘Two In One White & Wholemeal’, which is made from 50% refined, white flour. Despite this, this company uses the word wholemeal to market it, notably in its name on the front of pack. We believe this contravenes regulation 6 of the Bread and Flour Regulations (1998), as reconfirmed by a recent communication from Defra.

...emailed Cambridge and Peterborough Trading Standards Service about Aldi (white flour in wholemeal products).

...followed up of 28 November emails to:

West Yorkshire Joint Services (WYJS) re. Asda (white flour in wholemeal products)
Manchester City Council re. The Cooperative (white flour in wholemeal products)
Hull City Council re. Jacksons (white flour in wholemeal products)
Birmingham City Council re. Marks and Spencer (white flour in wholemeal products)
London Borough of Enfield re. Warburtons (white flour in wholemeal products)

WYJS replied: 'I am in discussions with colleagues and Asda at the moment and therefore don’t have a response. I should have a response for you within the next couple of weeks.'

4 December 2023

As the result of our complaint, Lidl renamed its 'crusty soudough rye bloomer'.

1 December 2023

We received a reply from Buckinghamshire & Surrey Trading Standards regarding Hovis and Waitrose using white flour in products marketed using the word wholemeal. 'My colleagues who are dealing with this issue tell me that they are currently liaising with colleagues in other authorities to ensure we reach a resolution to ensure our position is not out of alignment with theirs before progressing.'

28 November 2023

We sent the emails requesting updates on the following cases:

West Yorkshire Joint Services re. Asda (white flour in wholemeal products)
Manchester City Council re. The Cooperative (white flour in wholemeal products)
Buckinghamshire & Surrey Trading Standards re. Hovis and Waitrose (white flour in wholemeal products)
Hull City Council re. Jacksons (white flour in wholemeal products)
London Borough of Bexley re. Lidl (56% wheat flour yeasted loaf marketed as sourdough rye)
Birmingham City Council re. Marks and Spencer (white flour in wholemeal products)
London Borough of Enfield re. Warburtons (white flour in wholemeal products)
Lidl (white flour in wholemeal products)

30 October 2023

Sainsbury's Both in One (now called Both in One Bread) has been relabelled. Rather than ‘a blend of white and wholemeal flour’, the front of pack now says ‘a blend of white and whole flour’, though the website has not yet been updated.

10 October 2023

Buckinghamshire & Surrey Trading Standards replied: "The position at the moment is that before we decide what advice is appropriate or possible action that may be taken we need to review the different interpretations of the legislation. Once we have done that we will progress the issue as we decide appropriately, informed by a full view of the issues, with the businesses we have had contact with. We will also be liaising with colleagues in other authorities to ensure our position is not out of alignment with theirs."

5 October 2023

Replying to an email from Buckinghamshire & Surrey Trading Standards (see below) the Real Bread Campaign coordinator wrote:

Here’s a summary of my understanding of the current situation:

Rule 6 of The Bread and Flour Regulations (1998) clearly states that, ‘whether or not qualified by other words’, the word wholemeal can only be used in the name and advertising of a product if all of the wheat flour is wholemeal.
This means that if a product is made with any white / non-wholemeal wheat flour, the only place the word wholemeal can legally appear is on the ingredients list.
The Real Bread Campaign found some of the UK’s largest industrial loaf manufacturers and retailers using the word wholemeal to name and market products that are made using some white / non-wholemeal flour - in a number of cases this amount is as much as 50%.* We believe these to be clear breaches of rule 6.
Starting in July 2022, the Real Bread Campaign began writing to each of the large companies we had found doing this. After each responded, confirming they were doing so, we asked them to either remove the word wholemeal from their product names and marketing, or remove the non-wholemeal flour from the products.
With the exception of Iceland, which ceased production of the product, all of the companies declined.
The Real Bread Campaign has highlighted the issue to the Secretary of State, Minister of State and other Defra officials, urging them to review rule 6 of the Regulations. All have declined to do so, either as part of the long-promised review of The Bread and Flour Regulations as a whole, or otherwise.
The Real Bread Campaign has raised its concerns with the trading standards (in some cases environmental health) department/officer at the local authority with the Primary Authority relationship with each company.
Oxfordshire County Council told us they had advised the Sainsbury's how to comply with the legislation by relabelling and / or reformulation.
One or more of the other trading standards officers have asked Defra for guidance / clarification on rule 6. Defra declined to provide this.

Does this match your reading of the situation?

Am I also correct in understanding that you are, effectively, waiting to hear from Waitrose how they would like to be policed on the issue, based on what their lawyers say and some sort of voluntary code of practice / guidance their trade association(s) is/are drawing up?

In lieu of any change of law or official governmental guidance, surely the most appropriate course of action to be taken by trading standards officers at this point is that taken by Oxfordshire County Council: advising companies of the requirement to adhere to the law as it stands. To us, it seems the three options for a company to do this are either: removing the word wholemeal from the product names and marketing; removing all non-wholemeal flour from the products; or removing the products from sale altogether.

I look forward to hearing your thoughts on all of this.

* Aldi, Asda, The Co-operative, Hovis, Iceland, Jacksons, Marks and Spencer, Sainsbury's, Waitrose and Warburton's."

23 October 2023

We published a statement sent by Defra to trading standards officers, which confirms the practice of using the word wholemeal in the name or marketing of a product made using white flour breaches the Bread and Flour Regulations.

2 October 2023

Current cases, some of which we have been pursuing since summer 2022, include:

Aldi

Issue: Products made using white flour (including one that is 50% white flour) being marketed with the word wholemeal
2 October 2023: We asked the company’s Primary Authority (Peterborough City Council) for an update on their investigation into our complaint.

Asda

Issue 1: Product made using white flour being marketed with the word wholemeal
2 October 2023: We asked the company’s Primary Authority (West Yorkshire Joint Services) for an update on their investigation into our complaint.

Issue 2: An advertising campaign that includes elements we believe are misleading and/or unsubstantiated.
26 September 2023: Having received a response from the company that we found unsatisfactory, we submitted a complaint to the Advertising Standards Authority.

The Co-operative

Issue: Product made using white flour being marketed with the word wholemeal
2 October 2023: We asked the company’s Primary Authority (Manchester City Council) for an update on their investigation into our complaint.

Hovis

Issue 1: Product made using 50% white flour being marketed with the word wholemeal
2 October 2023: We asked the company’s Primary Authority (Manchester City Council) for an update on their investigation into our complaint.
Issue 2: An advertising campaign that includes elements we believe are misleading and/or unsubstantiated.
3 October 2023: Having received a response from the company that we found unsatisfactory, we are preparing a complaint to submit to the Advertising Standards Authority.

Jacksons

Issue 1: Product made using 50% white flour being marketed with the word wholemeal.
2 October 2023: We asked the company’s Primary Authority (Hull City Council) for an update on their investigation into our complaint.

Lidl

Issue 1: Product marketed as ‘sourdough rye crusty bloomer’ is in fact mostly wheat flour and made using baker’s yeast.
22 September 2023: We sent our complaint to our local authority to forward on our behalf to the company’s Primary Authority (London Borough of Bexley). This was due to Bexley trading standards stating it was their policy not to accept complaints directly from shoppers or organisations.
Issue 2: Product made using 50% white flour being marketed with the word wholemeal.
20 October 2023: We raised the issue with the company's CEO.

M&S

Issue: Products made using white flour being marketed with the word wholemeal.
2 October 2023: We asked the company’s Primary Authority (Birmingham City Council) for an update on their investigation into our complaint.

Sainsbury’s

Issue: Products made using white flour (including one that is 50% white flour) being marketed with the word wholemeal
23 July 2023: The company’s Primary Authority (Oxfordshire County Council) told us they had advised the company how to comply with the legislation by relabeling and / or reformulation.

Waitrose

Issue: Products made using white flour (including one that is 50% white flour) being marketed with the word wholemeal
4 October 2023: Surrey and Bucks replied: "We are currently reviewing independent legal advice that has been taken by the Primary Authority business regarding the issue

As it is a sector wide matter we also understand that a position paper is currently being drawn up by industry/trade associations for our information and consideration

We are also mindful the government response to the BFR consultation is overdue and anticipate they will cover discussion of statute changes and disposal routes when that is published.

Therefore we consider it prudent for us to have all this information available before considering any next steps. We will of course update you on further developments"
2 October 2023: We asked the company’s Primary Authority (Buckinghamshire & Surrey Trading Standards) for an update on their investigation into our complaint.

Warburtons

Issue 1: Product made using 50% white flour being marketed with the word wholemeal.
2 October 2023: We asked the local authority handling this case (London Borough of Enfield) for an update on their investigation into our complaint.