Surveillance of online marketing of food products: categorization of borderline products and concepts for effective control strategies

An interdisciplinary team comprising experts in law, food chemistry and pharmacy, studied the requirements for food surveillance focusing on new forms of trade. In online marketing, the classification of products in categories that are regulated by food laws (i.e., foods, cosmetic products and other commodities) is often problematic, particularly for borderline products. In order to facilitate this classification based on the information provided online, we have established a decision tree. Moreover, existing regulations for sampling are only partially applicable to the new forms of marketing. It must be taken into account that sampling can be manipulated, if specimens are simply ordered by the responsible authority. Furthermore it is not feasible to leave behind samples for a supplementary expert opinion. Therefore a new policy framework is required that allows online sampling - anonymously in suspicious cases. Further suggestions include establishing a central register for online vendors as well as the necessity to present mandatory food information in a conspicuous place before the purchase is concluded. Future law amendments need to be implemented in a sophisticated manner taken into account the realities of online marketing. National regulations in Germany could be established prior to EU-wide regulations. Finally the legislative body must make sure not to privilege or penalize online vendors with respect to conventional trade. We propose complementary measures that include improved risk communication provisions for consumers as well as a certified seal of approval for registered businesses.