At the end of October 2018, the TOPIC SA team launched into its ninth investigation to verify whether local health food brand, Nature’s Choice, was truly GMO-free as the label claimed.
Consumers’ choose Nature’s Choice…
Nature’s Choice was the next top chosen product as nominated for by consumers after TOPIC’s successful investigation into Woolworth’s organic vegetables.
Consumers wanted to know whether the brand’s GMO-free claims were true and their Sandwich Bread Pre-Mix was selected for analysis as its ingredients list includes the following: white rice flour, maize starch, potato starch, and soya flour. Rice, maize, potatoes and soya can all be genetically modified.
What is a GMO?
GMO stands for Genetically Modified Organism. GMOs are organisms that have had their characteristics changed through the modification of their DNA in a laboratory using genetic engineering or transgenic technology. This creates combinations of plant, animal, bacterial and virus genes that do not occur in nature or through traditional crossbreeding methods.
GMO’s found in food are hotly debated as to their health risks and labelling of GMO food remains contentious. There has been pressure from consumer organisations for the labelling of GMO’s in food so that the consumer can have the choice to avoid GMO produce if they wish to.
Engaging with Nature’s Choice…
TOPIC’s initial letter was sent to Nature’s Choice on the 19th of October 2018 and after some prompting, we received their formal response on the 6th of November.
Nature’s Choice stated their vision to be the “benchmark of an infinitely healthier way of living” and that they have recently rebranded. After investigating the Certificates of Analysis, they updated all their labels and packaging according to the South African R146 labelling legislation.
They further stated:
Nature’s Choice then sent a follow-up letter on the 20th of November attaching supplier GMO statements for all ingredients used in their Sandwich Bread Mix, namely potato starch, corn starch, soya flour and rice flour.
These supplier statements showed the following for each ingredient:
| Ingredient | Dated | Contents |
| Potato starch | Feb 2014 | Supplier has a “non-GM purchase policy.” |
| Corn starch | Jun 2013 | From India, supplier “guarantee(s) that our products… (are) not genetically modified.” |
| Soya flour | Aug 2017 | Certificate of Analysis from the laboratory dated August 2017 showing 0.21% presence of GMO. |
| Rice flour | Nov 2015 | Supplier states that the product is “Non-GMO.” |
Outdated documents and a lack of testing…
As can be seen, most of the GMO-free declaration documents date back between four and six years and apart from a GMO lab test on the soya flour from 2017, there has been no further testing of the product or ingredients by Nature’s Choice.
Lab test finds GMO’s…
Nature’s Choice then emailed us again on the 23rd of November and said that their Sandwich Bread Mix sample had tested positive for GMOs as per attached lab result (see below).
Additionally, the lab was asked to do GMO quantification in the corn starch (see below).
These results show that the corn starch used contains more than 5% GMO.
They further stated: “We rely on our suppliers to act ethically and adhere to our product specifications. The incident regarding the contamination/presence of GMO have highlighted a concern with our suppliers. This will be addressed with them immediately. As an additional preventative measure, we will introduce steps to prevent a recurrence.”
We emailed the Nature’s Choice on the 4th of February and asked if they could let us know what is the timeline for their planned action steps and whether consumers can be confident that the product on the shelves is GMO-free as the label claims. As of the date of writing we had not received a response.
Additional response from Nature’s Choice…
Nature’s Choice responded on the 12th of February with further GMO declarations from their suppliers.
These statements showed the following:
| Ingredient | Date | Contents |
| Potato starch | Feb 2019 | Company “supplies Potato Starch which is GMO-free.” |
| Potato starch | Undated Unsigned | Company states that their “brand is not based on genetically modified potatoes.” |
| Indian white rice | May 2018 | Certificate for non-GMO. Indian origin. “It is hereby certified that the product described below does not contain genetically modified organism (GMO).” |
| Indian brown rice | Undated | States that the rice “is not genetically modified and does not contain any genetically modified organisms.” |
| Soya | Undated | Supplier states that the soya is a “Non-GMO product, using NON GMO soya beans contains less than 1% genetically Modified Organisms.” |
| Maize starch | Mar 2018 | Supplier states that their products “are manufactured from non GMO (Non Genetically Modified Organisms) 100% maize and it is manufactured in South Africa.” |
The Soya supplier also stated: “We do not test the final product for GMO. We can only test the soya beans. The final product is tested once a year for verification. We do flush the production line and bin with non-gm soya beans before we transfer the Non-GMO soya beans. These beans are tested for GMO.”
These soya bean test results show 0.21% and less than 1% GMO present
Nature’s Choice added the following: “We have taken the corrective action and ensure that we are implementing the action steps, as previously communicated.”
Nature’s Choice new testing schedule…
Nature’s Choice new Quality & Regulatory Manager, Narain Padayachee told us that in future:
- Natures Choice will test the first production batch to confirm label compliance.
- Natures Choice will conduct monthly compliance test for the first 3 months as part of the due diligence.
- Product will then follow an annual testing schedule.
SA law and the labelling of GMO’s …
Like many other countries, South Africa has come under public pressure to introduce mandatory labelling for genetically modified foods.
According to labelling consultant Glyn Fogell, labelling of GMO’s in SA remains a very grey area as there is an interpretation conflict between the Department of Health (DoH) regulations and the Consumer Protection Act (CPA).
The R146 of 2010 is silent on the issue of GMO labelling but Regulation 25/2004 related to GM labelling from the DoH says the following:
“However, when the CPA came into play in 2011 with its policy of needing to protect the rights of consumers, Section 24(6) says that goods must display on the packaging a notice that discloses the presence of any GM ingredients,” says Fogell.
According to legal experts SEESA, the CPA states the following with regard to what should be on your product label:
DAFF regulations?
According to the Department of Agriculture, Forestry and Fisheries (DAFF) and the Genetically Modified Organisms Act of 1997, any agricultural consignment that is imported will only be regarded as non-GMO if it contains less than 1% total GMO.
GMO-labelling vagueness as authorities in stalemate…
It is clear that the GMO labelling issue in SA is anything but clear with some retailers applying the CPA rules but many not labelling GMO food products at all. The exception is in the health market where labelling a product GMO-free is a selling point for some health conscious consumers who choose not to consume GMO’s.
Further comment from industry stakeholders…
The African Centre for Biodiversity (ACB) is a research and advocacy organisation working towards food sovereignty and agro-ecology in Africa with a focus on biosafety, seed systems and agricultural biodiversity.
ACB Executive Director, Mariam Mayet, said the following: “The proliferation of GM maize and soya cultivation in the country has taken place without any regard to issues of contamination, free choice and consumer rights. This is evidenced by the extent to which well meaning efforts designed to provide GM-free food to consumers are totally undermined by the wholesale contamination of the food system from farm to fork.
“The issue then is less about whether the label is truthful but more about how difficult if not impossible it makes the task for GM-free labelling to take place despite efforts to ensure that the food is GM-free. This gives rise to questions about the violation of fundamental rights. The issue is systematic. It is about contamination with impunity. So even if food producers tried their best to ensure the source of their food is GM free, they are defeated by contamination.”
In conclusion…
Nature’s Choice prides itself on being a “trusted leader in wholesome foods that places importance on health education and authenticity.” Despite changing all their packaging and labels and reflecting their GMO-free status all over their new website, a label that their target market responds to, their product was found to not be GMO-free and their procedures and processes around these claims have been found wanting.
Relying on GMO-free declarations from suppliers and documents several years out of date is inadequate as was seen when Nature’s Choice conducted their own testing of the Sandwich Bread Pre-Mix product.
That being said, their engagement and transparency with us has been constructive and they are attempting to fix the problem now that it has been exposed. The TOPIC team sees this as a positive step for accurate labelling in SA and will be following up with Nature’s Choice to ensure that consumers can trust the product that’s on the shelf.
Thanks for being our partners in the pursuit of transparency, label accuracy and consumer safety. TOPIC works with retailers and producers who are committed to transparency and we are supported by Faithful to Nature, Wellness Warehouse, Organic Zone, Bryanston Organic & Natural Market, Organic Emporium and Earthshine.
We have completed numerous investigations so far, including Woolworth’s organic vegetables, Cape Town Market, Mrs BreadCare, Wakaberry, Le Chocolatier, Freedom Bakery, Frys and Futurelife. Consumers are encouraged to nominate products for testing via Facebook (www.facebook.com/topicsa), Twitter (@topic_label) or anonymously via email (nominate@topicsa.org.za).
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