Many food packages include a ‘serving suggestion’ (aka ‘serving tip’). But what does this mean? The Board of Appeal outlines two ways in which consumers can understand ‘serving suggestion’. First, as a method of serving (e.g., on a plate). And second, as a disclaimer that communicates that the image shows ingredients that are not present as ingredients in the package. 

The Board ruled in this case that the packaging of the noodles of Nissin gives the impression that carrot and mushroom are ingredients, while in reality they are not; it is up to the consumer to add them. The ingredient spring onion (which actually appears in the packaging) is not depicted differently from the carrot and mushroom that have yet to be added. The indication 'serving suggestion' does not eliminate this deception. The Board assumes that the consumer understands this word in this context as: 'served on a plate with chopsticks'.

So it is important to use a correct image. But it can help in some cases if it is explained how the 'serving suggestion' is intended. Think: 'Serving suggestion: also tasty with [...]'. Or even more explicit: 'Serving suggestion: add [...] yourself’. 

Consumers who buy a carton of chocolate milk depicting a cup of chocolate milk with whipped cream and the statement ‘serving suggestion’ will understand that the topping of whipped cream is not included. But ‘serving suggestion’ is not a magic word. Always ask yourself: what does the average consumer expect? If you have questions about this topic, our food team will be happy to give you (serving) tips!

Myrna Teeuw

30 March 2023