Labelling of sweets
The requirements for the labelling of sweets
Although the United Kingdom left the European Union (EU) in 2021, certain pieces of legislation (known as 'assimilated law') continue to apply until such time as they are replaced by new UK legislation, revoked or permitted to expire. This means that our guidance still contains references to legislation that originated from the EU.
To fully understand this guidance, it is important to note the difference between the United Kingdom and Great Britain:
- UK: England, Scotland, Wales and Northern Ireland
- GB: England, Scotland and Wales
In this guide, the words 'must' or 'must not' are used where there is a legal requirement to do (or not do) something. The word 'should' is used where there is established legal guidance or best practice that is likely to help you avoid breaking the law.
This guidance is for England and Wales
This guide covers the labelling of sweets sold in any of the following situations:
- loose or unwrapped
- pick 'n' mix
- packaged at the request of the customer
- prepacked for direct sale (packed and sold from the same premises, or from a mobile stall or vehicle used by the business that packed the food, prior to being offered for sale)
This guide does not cover products packaged by you on one premises to be sold from another, nor does it cover products packed by another packer and sold by you. These products are prepacked and require full labelling; they are therefore covered by 'Labelling of prepacked foods: general'.
'Prepacked' means a single item of food and the packaging into which it was put before being offered for sale, whether such packaging encloses the food completely or only partially, but in any event in such a way that the contents cannot be altered without opening or changing the packaging.
Loose sweets, and those packaged at the request of the consumer (placed into packaging after purchase), need only be labelled with a name and any allergens that are present.
The information must be on a label attached to the food or on a label or notice in close proximity that can easily be seen and read by the purchaser (on the shelf edge, for example).
Sweets that are prepacked for direct sale must be labelled with the name of the food and a full ingredients list that emphasises the allergenic ingredients that are present; this information must appear on a label attached to the food.
Imported sweets need the same labelling as those produced in Great Britain (see above) and must comply with all applicable compositional requirements. Please also refer to 'Language requirements for food labelling'.
WHAT LABELLING IS REQUIRED?
The legal name of the sweets must be given, regardless of how the product is sold. Under normal circumstances, this is the name that describes the true nature of the food. For example, a product marketed as 'Wiggly Worms' would also need the descriptive name of the food on the label - for example, 'Fruit flavour jelly sweets'. The name 'Wiggly Worms' is a 'fancy name' and has no legal standing.
Sometimes a 'customary name' can be used instead of a descriptive name. A customary name is a name that is readily understood by UK consumers without further clarification and allows the sweet to be clearly distinguished from other similar types of sweet - for example, humbugs, black jacks, etc.
The requirement to provide a name, and the rules for the name of the food, will be the same regardless of how the product is sold (prepacked, loose, etc). See 'Labelling of prepacked foods: product name' for more information.
FOOD SOLD LOOSE AND FOOD PACKAGED AT THE REQUEST OF THE CONSUMER
In addition to the requirement to name the food, if the sweets contain any of the following types of allergen, this must be declared using a 'contains' statement - for example 'contains: milk':
- cereals containing gluten, such as wheat, rye, barley, oats, spelt, kamut, and their hybridised strains
- peanuts (also called groundnuts)
- nuts, such as almonds, hazelnuts, walnuts, Brazil nuts, cashews, pecans, pistachios, macadamias and Queensland nuts
- fish
- crustaceans
- molluscs
- sesame seeds
- eggs
- milk and milk products (including lactose)
- soy beans
- celery
- lupin
- mustard
- sulphur dioxide and sulphites at levels above 10 mg/kg or 10 mg/litre expressed as SO2
PREPACKED FOR DIRECT SALE
In addition to the requirement to name the food, the product must be labelled with a full ingredients list, following all the rules for an ingredients list as though the product were prepacked. See 'Labelling of prepacked foods: ingredients list' for more information.
Allergenic ingredients must be emphasised in some way, each time they appear in the ingredients list. See 'Food allergens and intolerance' for more information.
HOW MUST THE INFORMATION BE GIVEN?
LOOSE AND PLACED INTO PACKAGING AT THE REQUEST OF THE CONSUMER
When sold to the consumer, the required information must be marked on either:
- a label attached to the food
or
- a label, ticket or notice that can easily be seen and read by the purchaser at the place where they choose the food
Additionally, allergen information can be given verbally; if so, a notice must be prominently displayed instructing the customer to request allergen information from a member of staff. See 'Food allergens and intolerance' for more information.
Sweets sold loose from boxes or jars will usually have been marked with this information by the manufacturer. This is sufficient, provided it can be easily read from the customer's side of the counter.
The responsibility for labelling rests with the retailer, but your supplier has to provide you with all the information necessary for you to comply with your legal obligations. Certain information must be marked on transport packaging, while other information may appear on documents that accompany the food.
PREPACKED FOR DIRECT SALE
Information must appear on a label attached to the food. See 'Labelling of prepacked-for-direct-sale foods' for more information.
OTHER ISSUES
FLAVOUR / FLAVOURED
The words 'flavour' and 'flavoured' have different meanings.
Flavour means that the food tastes of something but does not contain it, while flavoured means that the food contains the specified ingredient - for example, a strawberry flavoured sweet would contain strawberry, while a strawberry flavour sweet would not.
CHOCOLATE
Particular care must be taken when describing products as 'chocolate' or as containing chocolate. It must be made clear in the name if the product has only the flavour of chocolate and is not made from chocolate - for example 'Chocolate Flavour Easter Egg' or 'Peanuts with Chocolate Flavour Coating'.
The word 'choc' must only be used with products that contain chocolate.
The Cocoa and Chocolate Products (England) Regulations 2003 and the Cocoa and Chocolate Products (Wales) Regulations 2003 specify compositional and labelling requirements that must be complied with in order to describe a product as 'chocolate'; if you require advice, please contact your local Trading Standards service.
ADDITIVES
Unauthorised colours and other additives have been found in imported sweets. For more information on what is authorised for UK sale, please see 'Colours and other additives in food'.
TRADING STANDARDS
For more information on the work of Trading Standards services - and the possible consequences of not abiding by the law - please see 'Trading Standards: powers, enforcement and penalties'.
IN THIS UPDATE
General detail added. New section on additives.
Last reviewed / updated: June 2024
Key legislation
Please note
This information is intended for guidance; only the courts can give an authoritative interpretation of the law.
The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Information on changes to legislation can be found on each link's 'More Resources' tab.
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