Six children die after consuming poisoned snacks: what packaging information are you entitled to as a consumer?

As you may have heard in the news, five children were recently reported to have tragically died in Soweto, after allegedly eating poisoned snacks, purchased at a spaza shop. The sixth child, who was the only survivor, later succumbed to his injuries in hospital. These children, aged between six and eight, were initially reported to have fallen ill shortly after eating brown puff chips known as ‘brown dash’.

Brown Dash is a product of interest because it is typically bought in bulk by retailers in the informal trade, re-packaged in a transparent plastic packet and sold in smaller portions to consumers. At the point of sale, a consumer is, therefore, not aware of the nutritional content, ingredients and other critical information relating to the product.

While it is not uncommon for informal traders to sell products in unlabelled packaging, this conduct is prohibited by the Consumer Protection Act and Regulation R146 to the Foodstuffs, Cosmetics and Disinfectants Act. Although there are some exceptions under this legal framework, generally, a consumer in South Africa is entitled to have access to the following information, when purchasing food:

1. the name of the particular food or an appropriate description of the product;
2. the name and address of the manufacturer, importer or seller;
3. where appropriate, instructions on how to use the food product;
4. where necessary, the list of ingredients;
5. special storage instructions, where necessary;
6. the net contents of the container;
7. the country of origin of the product;
8. a batch identification number that allows for the traceability of the food product;
9. date marking, which must be preceded by the words “best before” and/or “use by” and/or “sell by”; and
10. a declaration of allergens contained in the ingredients, including any risk of cross-contamination with other allergens, where necessary.

These requirements apply equally to food products that come from bulk stock and which are individually packed and sold to consumers in smaller amounts. There are some exceptions, such as small packages with a total exterior of 2000 mm2 or less, which are exempt from some of the labelling requirements detailed above.

The tragic deaths of the 6 children in Soweto, as well as the influx of children falling ill after consuming goods that are not labelled in accordance with our food laws, is a harsh caution for consumers to be aware of the information that they are entitled to when purchasing food products.

While the requirements listed above are guidelines of the labelling matter that must appear on a food product, they are not exhaustive, as additional requirements apply to different categories and types of foodstuffs. Retailers are encouraged to contact Adams & Adams to confirm that the labelling of their food products complies with the relevant legislation that may apply.

Rebone Setati

Associate | Attorney

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