Stricter Labeling Standards for Foods Using Sugar Substitutes and Shrinkflation

Stricter Labeling Standards for Foods Using Sugar Substitutes

Due to the recent introduction of various food products that use sweeteners or sugar alcohol instead of sugar and emphasis on the use of sugar substitutes through claims such as “sugar free,” “no added sugar,” and “zero sugar,” there have been criticisms that consumers are being misled to believe that foods using sugar substitutes are beneficial to their health due to low calories and lack of sugar content. In response, the Ministry of Food and Drug Safety (the “MFDS”) amended the labeling standards for such foods using sugar substitutes through the Notification on the Amendment to the Labeling Standards for Foods, Etc. (the “Amendment Notification”) dated July 24, 2024. The details of the Amendment Notification are as follows:

Obligation to Indicate “Whether Sweeteners Are Included” and “Total Calories” in Foods With Claims Such as “Sugar Free” and “No Added Sugar”

According to the Amendment Notification, if sugar substitutes such as sweeteners or sugar alcohol are used in foods in lieu of sugars and such fact is emphasized through claims such as “no sugar,” “zero sugar,” “sugar free,” or “no added sugar,” additional indications such as “contains sweeteners/sugar alcohol” or “total calories (of the product)” should be displayed using a font size of at least 14 points. Depending on whether the relevant food meets the low-calorie standard (less than 40kcal per 100g of food or less than 20kcal per 100ml of food) for foods, etc., the specific labeling requirements may vary as follows:

If the low-calorie standard is met: only indicate “whether the food contains sweetener/sugar alcohol”

As for a product with an emphasis/claim such as “no sugar” or “sugar free” that use sweetener/sugar alcohol and meets the low-calorie standard, it is only necessary to indicate “contains sweetener” or “contains sugar alcohol” around such emphasis (e.g., zero sugar (contains sweetener)).
If the low-calorie standard is not met: indicate “total calories information (of the product)” next to “contains sweeteners/sugar alcohol”

If a product with emphasis/claim such as “no sugar” or “sugar free” fails to meet the above low-calorie standard, the total calories of the product must be indicated in parentheses next to the “contains sweetener” indication (e.g., zero sugar (contains sweetener, XXX kcal)). However, instead of such indication, different indications such as “not a low-calorie product” or “not a reduced-calorie product” may be indicated (e.g., zero sugar (contains sweetener, not a low-calorie product)).

Increased Number of Types of Sweeteners That Require Labeling of Both Name and Use (Current Five Types to 22 Types)

The Amendment Notification increases the number of sweeteners for which the name and purpose of use must be indicated from the current five types to 22 types.^[1] Accordingly, starting from January 1, 2026, when labeling the name of a food additive on a product using the following food additives, both the name and use of the food additive should be indicated.

Example:

Current Indication: “Name of Raw Ingredient: Licorice Extract” → New Indication: “Name of Raw Ingredient: Licorice Extract (Sweetener)”

The Amendment Notification is expected to take effect on January 1, 2026.

Confirmation on New Obligation to Indicate the “Change in Content” for Foods With Reduced Content

It has been confirmed that the new obligation to indicate changes in the content amount of food, which was previously explained in our newsletter titled “Regulatory Trends in the Food Sector Related to Shrinkflation” (February 2024, Link), will take effect starting from January 1, 2025 (Amendment to the Labeling Standards for Foods, Etc. dated July 24, 2024). Accordingly, for foods with reduced net content amount, such content amount change should be indicated as shown below next to the content indication for at least three months from the date of change (stickers may be used).

Example:

Current	New
Net content XXg	Net content YYg (product with change in net content, XXg → YYg) Net content YYg (product with change in net content, reduced by ZZ%) Net content YYg (previous net content XXg)

However, there are the following exceptions (i.e., the fact that the content has changed may not be indicated in the following cases):

In case the unit price is not affected by adjusting the factory price proportionately
In case the rate of content amount reduction is 5% or less^[2]
Food that is not sold to individual consumers but (i) used as a raw ingredient for food manufacturing, processing, etc., or (ii) supplied to cafeterias
Agricultural, forestry, livestock and fishery products in their natural state

[1] Current five types: Sodium Saccharin, Aspartame, Disodium Glycyrrhizinate, Sucralose, Acesulfame Potassium; Additional 17 types: Licorice Extract, Neotame, D-Ribose, Steviol Glycoside, D-Xylose, Thaumatin, Enzymatically Modified Stevia, Lactitol, D-Mannitol, D-Maltitol, Maltitol Syrup, D-Sorbitol, D-Sorbitol Solution, Erythritol, Isomalt, Xylitol, Polyglycitol Syrup.
[2] This is a newly inserted provision that was not provided at the pre-announcement stage.

[Korean Version]

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