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

A reader points out to us the label of ‘truffle chickpeas’ from LIDL, LIDL's Deluxe line, where the so-called ‘truffle aroma (1.4%)’ prevails over the ‘Asian truffle’, designated as ‘black truffle’ (Tuber Indicum)’, 1.05%.

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

1) Flavors, general conditions of use

The so-called flavors regulation  indicates the possibility of using flavors or food ingredients with flavoring properties in foods, subject to two general conditions:

a) flavors and flavoring ingredients must not pose 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 flavors, the EU rule

The labeling of flavors not intended for sale to end consumers may indicate, as ‘sales description, the term flavor or a more specific name or a description of the flavor’ (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. Without prejudice to the use of specific designations, e.g. ‘orange essential oil’.

EFFA – European Flavour Association, the European Confederation of Flavor Producers – reports in its guidelines some examples of ‘more specific names or descriptions of the aroma'. Which can refer to apple, banana, rather than roast chicken 'and others, in which an indicator of the aromatic profile is added to the sales name'. (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 the most symbolic (e.g. pictogram). Instead, avoiding 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 formed by a complex of cryptic species or ecotypes spread from India to Japan.

Tuber melanosporum has been harvested 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, is rarely consumed by local populations.

The 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 framework law in force 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, and the trade of
any other type is prohibited:

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 called musky truffle

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

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

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

7) Tuber macrosporum Vitt., commonly called smooth black truffle

8) Tuber mesentericum Vitt., commonly known as 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 Tea cans that stated on the label – outside the ingredients list, but not also in the list itself, not even in the form of ‘natural flavors 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 the product contains an ingredient that is actually absent, such labeling is likely to mislead the buyer regarding the characteristics of the product (…).

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

6) Fake aroma

In the present case it is first of all necessary to question 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 home of truffles – but the 'Asian' truffle. Therefore, a violation of the general conditions for the use of aromas, referred to in the above paragraph 1, can be configured.

The fake is obvious, moreover, precisely when – in the food designation and in the ingredients list – it is indicated as ‘truffle’ and ‘black truffle’ the tuber of a different species that looks similar but differs in value and organoleptic properties. It is therefore necessary to add a synthetic aroma, to make people believe it is truffle when it is not.

Dario Dongo

Notes

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

(2) EFFA,  European Flavour Association. V. 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-rispetti/gusto-di-sapore-di-risponde-l-associazione-dario-dongo

(5) The expression ‘natural aroma of…' postulates 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. V. 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. Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband e.V. v. Teekanne GmbH & Co. KG. See points 41,43