TOPIC (Testing of Products Initiated by Consumers) is a consumer-led organisation that investigates label claims. Occasionally we are sent certifications around label claims that are alleged to be fraudulent and require further investigation.
Recently we received a copy of an organic certificate from an anonymous source that alleged fraud. The certificate stated that Sing Fefur’s medicinal herbs, teas, tinctures and ointments for the 2018-2019 harvest were certified ‘organic’ by the International Organic Farming Federation (INOFAF). The document claims to be issued in Brussels and it expired on the 24th of September 2019.
The certificate appeared to have some inconsistencies such as different fonts being used on the document which raised suspicions.
Engaging with Sing Fefur
As per our normal process, at the end of August 2020 we contacted Sing Fefur to ask if they would provide us with a copy of their certification. We corresponded with Sing Fefur’s owner, Alex Patterson, who has been the owner of the business since March 2016. He said the following:
“We are unfortunately unable to supply a current certificate as it expired in September 2019. We have been unable to renew it due to the death in a tragic car accident in August 2019 of Dr G Moskowitz who was our South African coordinator for INOFAF. We are currently investigating other means of verification such as peer group review and others.
“We removed the certification information from the boxes as soon as we realised that it was not going to be possible to renew the certificate. There however may be some boxes still out in the trade that do carry the information but should you get any queries from consumers we would be happy to address it with them.”
Checking with several suppliers during September, we found that the shelves were stocked with boxes of Sing Fefur teas that carry the expired INOFAF organic certification details.
We again asked for the previous certificate explaining that we wanted to verify the certification body and respond to the allegation of fraud.
Patterson responded saying that Dr. Gerald Moskowitz was the founder and developer of the business and he was killed in a vehicle accident last year where all his personal items and laptop were stolen at the scene of the accident.
‘All information pertaining to the issuers of the certificate, along with all other business-related information, has been lost. This is reflected in our communications with his family (when) the need to renew the certificate arose. The last certification provided by Dr Moskowitz before his death was accepted in good faith as valid.
“Because of this loss of information and our inability to contact the issuers the decision was taken in October 2019 to remove the certification details from our boxes. This can be verified by our records and our packaging suppliers. The roll out of updated packaging is ongoing and as we order new boxes the certification details are no longer present on the packaging.
‘As we are a SMME the process is taking longer than anticipated due to financial constraints as well as the recent impact that the Covid-19 shutdown has had on our business. So, there are still boxes in the trade that have the certification details on.”
When we again requested the INOFAF certificate, Patterson replied:
“As we have explained previously the certificate in question expired in October 2019 and is thus no longer valid. In light of this we will not be supplying copies of it.”
We then sent Sing Fefur a copy of the certificate we had received, asking if it was the same as the one on their records and Patterson replied saying: “Yes it appears to be.”
Who is the International Organic Farmers Federation?
We have not been able to find any active online presence for the International Organic Farmers Federation (INOFAF), nor could we find any online mention of the organisation.
We enquired with Alan Rosenberg, chairman of the South African Organic Sector Organisation (SAOSO), who said:
“I have neither heard of Sing Fefur teas or the International Organic Farming Federation INOFAF.
Even my friend Google has never heard of INOFAF.”
Searching in web archives, we found that a website inofafcert.com was registered in 2018, and that it had contained the text: “International Organic Farmers Federation (INOFAF) is a newly established Organic control body. We started in 2009…”
The only contact information on the certificate was a gmail address which we tried repeatedly but failed to get any response from, and a physical address which doesn’t seem to exist, unless the ‘Leopold Lane’ is meant to be ‘Leopold Boulevard’, which is a large block of flats in Brussels.
If this is the correct address, it is strange that no unit or even floor number is given, as there appear to be over 50 separate units in the building.
Ecocert certificate
We were also separately provided with what appears to be an email from Sing Fefur in 2013 with an Ecocert certificate as an attachment.
There is a fold down the middle of the page visible from scanning or photocopying, and this line disappears in those blocks where the name of the farm appears. This raised questions about the authenticity of this certificate given that it may have been digitally altered.
Subsequently Ecocert confirmed that the certificate is fraudulent.
Sing Fefur’s new packaging
Patterson sent us a photo of the box’s new packaging sans the INOFAF certification details.
He stated:
“We have been in contact with customers and our packaging suppliers since October last year when it became apparent to us that the certification would no longer be valid. Our efforts to get the updated packaging out into the trade has been seriously hampered by the Covid-19 shut down. This has not only resulted in the stock not moving through the stores but has also placed us to a very fragile financial situation.
“Current orders no longer have the certification information on the boxes. As to how long the process will take it is difficult to say as it depends on the rate of sale and whether we survive the next few months due to the uncertain economy.”
Products labelled as organic
The front of the new packaging still labels the teas as ‘organic’ but now without any reference to certification, and therefore one may wonder what standards are followed. Upon enquiry to the Department of Agriculture, Land Reform and Rural Development (DALRRD), we received the following statement:
“This office is responsible for the regulations and standards for certain agricultural products in terms of the Agricultural Product Standards Act, 1990. All these regulations and standards require that no misleading information may be on the packaging or label of an agricultural product.
Thus, if a product indicates “organic” then we can require that proof of the organic status be provided. Since there is no SA legislation for “organic” we have to accept certification by any certification body against any internationally accepted standard. This at least provides the consumer with some guarantee that the product is “organic”.
“However, this is our policy and as mentioned it is only for the products that are regulated in terms of the Agricultural Product Standards Act, 1990. Fennel herbal tea is not one of the products regulated in terms of the Agricultural Product Standards Act, 1990, only Rooibos (for local and export) and Honeybush (for export only) are regulated. Products that are not covered by this Act must comply with the labelling requirements of the Department of Health.”
We then received comment from the Department of Health which stated:
“The principles of “organic” on any food label, irrespective of under which food-related Act it falls in terms of jurisdiction , remain the same. Kindly use the DALRRD principles.”
According to the Consumer Protection Act, farmers or producers can be held liable if they claim that their produce is organic but it is in fact not. This Financial and Advisory News (FA) article states: “Similarly, if a retailer places an organic label on a farmer’s goods and they have not been organically produced, someone in the production line needs to be held accountable under the Act.”
It has been surprising how long it has taken for us to get clarity on the above despite speaking to many industry experts.
Conclusion
Retailers risk losing the confidence of their customers if they allow products onto their shelves with labelling which has misleading or inaccurate claims.
It is not enough to simply take suppliers at their word. Due diligence needs to be conducted on any product claimed to be organic by ensuring they keep on file up-to-date certification. In addition, as the above certificates show, it is also necessary to confirm those certificates were issued by a reputable body which can be contacted and verified.
TOPIC works with retailers and producers who are committed to transparency and we are supported by Faithful to Nature, Wellness Warehouse, Organic Zone, Jackson’s Real Food Market, Bryanston Organic & Natural Market and UCOOK.
We have completed numerous successful investigations so far, including Naturally Organic, Elgin Free Range Chicken, Nature’s Choice GMO-free claims, Woolworth’s organic vegetables, Cape Town Market, Mrs BreadCare, Wakaberry, Le Chocolatier, Freedom Bakery, Frys and Futurelife. 
Consumers are encouraged to nominate products for investigation via our online form: https://buff.ly/2PCSBK8
Follow us on Facebook or Twitter or contact the TOPIC SA team via email.
Also worth noting is that if any prophylactic or other health claims are made then this automatically moves the product out of being a Foodstuff in terms of the Regulations and becomes a Complementary Medicine for which registration must be applied for through the DoH.
Yet another compliance question mark for these products.