Truffle aroma and ‘Asian truffle’, watch out for the scam

A reader reports the label of ‘truffle chickpeas’ by LIDL, Deluxe line of LIDL, where the so-called ‘truffle aroma (1.4%)’ prevails over the ‘Asian truffle’, designated as ‘black truffle’ (Tuber Indicum)’, 1.05%.

The most pronounced scent is that of the scam, which is also due to  laissez-faire of the control authorities on misleading aromatic suggestions in labeling and advertising. An in-depth analysis.

1) Aromas, general conditions of use

The so-called aroma regulation  indicates the possibility to use aromas or food ingredients with flavoring properties in food, subject to two general conditions:

a) aromas and flavoring ingredients must not present health risks to consumers, and

b) ‘their use does not mislead the consumer’ (Reg. EC 1334/08, art. 4. See note 1).

2) Labeling of aromas, the EU rule

The labeling of aromas not intended for sale to final consumers may indicate, as ‘sales description, the term aroma or a more specific name or description of the aroma’ (Reg. EC 1334/08, article 15).

The professional operator (e.g. food industry, artisanal laboratory) can thus identify the substance and/or compound with an aromatic profile. Subject however to the use of specific designations, e.g. ‘orange essential oil’.

EFFA – European Flavour Association, the European confederation of flavour producers – reports in its guidelines some examples of ‘more specific names or descriptions of the aromawhich can refer to apple, banana, rather than roast chickenand others, in which an indicator of the aromatic profile is added to the sales denomination’. (2)

The information addressed to the final consumer must however comply with the general prohibition of misleading the final consumer regarding, among other things, the composition of the food (3,4). The label’s evocation of an aromatic profile must therefore be limited to a literal reference (e.g. ‘taste of…’) or at most symbolic (e.g., pictogram). Avoiding instead the use of suggestive images, unless it is ‘natural aroma of …’. (5)

3) European black truffle and ‘Asian’ truffle.  Same same but different

The species of truffle European black,  Tuber melanosporum, and Asian (T. indicum) are phylogenetically and morphologically very close.  T. melanosporum is a well-defined species located in southern Europe, while  T. indicum is composed of a complex of cryptic species or ecotypes spread from India to Japan.

Tuber melanosporum has been collected and consumed in Europe for several centuries and has been cultivated in orchards at least since the 19th century.  Tuber indicum - naturally present in primary or secondary Asian forests - on the other hand, it is rarely consumed by local populations.

Imports into Europe of  T. indicum from China began in the 1990s, to meet a demand not satisfied by European production of  T. melanosporum. This phenomenon is partly explained by the decline in European production, but above all by the significantly lower costs of the Asian 'truffle'. (6)

4) Truffles, the current framework law in Italy

The framework law in force in Italy on the collection, cultivation and sale of truffles prescribes that ‘truffles intended for fresh consumption must belong to one of the following genera and species, with the trade of
any other type forbidden:

1) Tuber magnatum Pico, commonly called white truffle,

2) Tuber melanosporum Vitt., commonly called prized black truffle,

3) Tuber brumale var. moschatum De Ferry, commonly known as the muscat truffle

4) Tuber aestivum Vitt., commonly known as summer truffle or scorzone

5) Tuber brumale Vitt., commonly known as winter black truffle or black trifola

6) Tuber Borchii Vitt. or Tuber albidum Pico, commonly known as bianchetto or marzuolo

7) Tuber macrosporum Vitt., commonly known as smooth black truffle

8) Tuber mesentericum Vitt., commonly called ordinary black truffle.’ (7)

5) Evocation of synthetic aromas, ECJ case law

ECJ – the  European Court of Justice – has ruled on the case of labels of infusions Teekan which reported on the label – outside the ingredient list, but not also in the list itself, not even in the form of ‘natural aromas of (…)‘ – to flavors and images of raspberries and vanilla flowers.

‘In the situation in which the labeling of a food product and the related methods of implementation, considered as a whole, suggest that such product contains an ingredient that is actually absent, the aforementioned labeling is likely to mislead the purchaser about the characteristics of the product in question (…).

Within this examination the referring judge must consider, in particular,  the terms and images used as well as the placement, size, color, typeface, language, syntax and punctuation of the various elements shown on the fruit infusion packaging.’ (8)

6) Fake aroma

In the case in question it is first of all doubtful the legitimacy of using a (synthetic) truffle aroma. To the extent that it is used, surreptitiously, to impart the smell and taste of truffles to a product that does not contain truffle – in the meaning and expectation of the average consumer in Italy, the homeland of truffles – but rather the Asian ‘truffle’. Therefore, a violation of the general conditions for the use of aromas, referred to in the above paragraph 1, may be configured.

The fake is obvious, indeed, precisely when – in the name of the food and in the ingredient list – is indicated as ‘truffle’ and ‘black truffle’ the tuber of a different species that is similar in appearance but different in value and organoleptic properties. It is therefore necessary to add a synthetic aroma, to make believe truffle what is not.

Dario Dongo

Notes

(1) Reg. EC 1334/2008,  relating to flavors and certain food ingredients with flavoring properties intended to be used in and on foods. Consolidated text as of 24.11.21 on Europa Lex,  https://bit.ly/3nTWR7i

(2) EFFA,  European Flavour Association. See Chapter 3, Labelling of flavourings. https://cdn2.assets-servd.host/aggressive-shelduck/production/Documents/Guidance/effa-guidance-document-on-the-ec-regulation-on-flavourings-updated-july-2019.pdf

(3) EU Reg. 1169/11, articles 7.1.a and 36.2

(4)  Taste of, flavor of. Lawyer Dario Dongo answers. FARE (Food & Agriculture Requirements). 21.8.19,  https://www.foodagriculturerequirements.com/archivio-notizie/domande-e-risposte/gusto-di-sapore-di-risponde-l-avvocato-dario-dongo

(5) The expression ‘natural aroma of…’ requires the fulfillment of two conditions. The natural manufacturing process (according to the specifications defined in Reg. EC 1334/08) and the use of the raw material mentioned in a proportion not less than 95% by weight of the aroma

(6) Juan Chen, Claude Murat, Peter Oviatt, Yongjin Wang, François Tacon. (2016).  The Black Truffles Tuber melanosporum and Tuber indicum. doi:10.1007/978-3-319-31436-5_2

(7) Law 16.12.85, no. 752.  Framework legislation on the collection, cultivation and trade of fresh or preserved truffles intended for consumption. See article 2 and Annex 1. Text updated as of 25.5.91 on Normattiva,  https://bit.ly/3HWWgJU

(8) EU Court of Justice, Ninth Chamber. Judgment 4.6.15 in case C-195/14. Federal Association of Consumer Centres and Consumer Associations – Consumer Centre Federal Association e.V. vs. Teekanne GmbH & Co. KG. See points 41,43