Vanilla investigation uncovers fake production and fraudulent labels

21 Jan 2022 --- The General Directorate for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) France is closing in on retailers who incorrectly label vanilla products or pass synthetic vanillin as natural vanillin.

Vanillin is the most manufactured flavoring substance in the world, according to DGCCRF. Flavors that reproduce the taste of vanilla are widely used in foodstuffs such as ice cream, Chantilly cream, dairy products, drinks and biscuits. 

The DGCCRF crackdown follows a three year investigation. Thus far, the directorate has issued 36 warnings, filed three criminal reports and imposed several fines. 

Investigators targeted all operators in the sector: producers of pods, extracts, natural vanilla flavorings, vanilla flavorings and pure natural vanillin, importers, distributors, retailers and food companies. 

Getting skilled at producing vanillin fakes
Vanillin produced using biotechnology is frequently being mislabeled as “natural vanillin”.  Natural vanillin can be extracted from vanilla pods, synthesized by chemical processes or produced by biotechnology, in particular from the acid ferulic present in the bran of certain cereals such as rice or maize. 

Based on observations by DGCCRF agents, one in four inspected establishments did not comply with the regulations about vanilla.

A non-compliance rate of 23% was discovered based on the collected samples. Administrative police measures were taken in 13 cases and administrative fine reports in four cases. 

The quality of vanilla beans has dropped considerably in recent years causing a decline in the sector. The root of the issue lies in the climatic and socio-economic difficulties experienced by the vanilla workforce in Madagascar, the main producing country.

The price of vanilla has been persistently high as well. As a result, some operators are tempted to embellish the quality of vanilla products, by trading vanilla-like substances as natural vanillin. This constitutes fraud, as vanilla-flavored aromas are being produced and sold at a fraction of the price of “real vanilla”. The price of vanilla pods is at an all time high. 

Investigators checked the conformity of products, traceability and invoicing. The objective was to verify that products were labeled correctly. Prior to this, many checks were carried out abroad exposing sellers for misleading consumers that vanilla pods were of local origin. 

New launches with vanilla experienced a steady rise in 2020 with Europe displaying the strongest figures.

After years of having a privileged position as a classic, versatile ingredient in confectionery, bakery, beverages, desserts, ice cream the sector experienced considerable sourcing challenges and price fluctuations in 2021.

Passing off “fake vanilla” as the real thing
The DGCCRF investigation in 2019 set out to control the composition and labeling of vanilla pods, extracts and aromas and uncover possible fraud or misleading commercial practices. Agents made 117 visits, took 450 control actions and collected 113 samples. Several samples sold to consumers were in fact made of spent vanilla pods; a waste product from the extraction of aromatic substances of vanilla. One of the 22 samples analyzed in the initial investigation consisted of beans dipped in a vanilla-flavored aroma. 

Investigators also sampled white powder labeled “vanilla” which was found to be mostly sugar flavored with non-vanilla vanillin. An administrative police measure was addressed to the company which announced its intention to modify the product or to cease its marketing.

A sample of vanilla extract labeled as “vanilla concentrate” was actually vanilla flavored flavoring mixed with water.Vanillin produced using biotechnology is frequently being mislabeled as “natural vanillin”.  

Vanilla extracts were misrepresented as “natural vanilla extracts” when the term “extract” is used by default for natural preparations; the term “natural” cannot therefore be used in this case. 

These flavors in particular had an insufficient vanillin content or a proportion of vanillin resulting from biotechnological processes that could be up to more than 90% incompatible with the name “natural vanilla flavor”. 

Some of the flavors contained aromatic caramel, which was wrongly presented as a support for the flavors when in practice it fulfills a coloring role. A warning has been sent to the professional.

A sample of vanilla sugar also contained a synthetic compound, ethyl vanillin. The color of vanilla flavorings were also standardized using caramel. 

The DGCCRF will continue to monitor the sector.

By Inga de Jong

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