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How food fraud is uncovered; two cases of origin fraud

Origin fraud occurs when a food is misrepresented with respect to its geographical origin; it’s a type of fraud that can be categorised as ‘mislabeling’.

Examples of mislabeling include:

  • describing a fruit or vegetable as ‘organic’ when it was conventionally grown
  • cheeses and meats labeled as kosher or halal that are not
  • Spanish olive oil falsely declared as being ‘Italian’.  This is origin fraud.

Mislabeling is also called misbranding in some countries.  Because it is intended to deceive customers and consumers it is illegal under consumer protection laws and trade/contract laws just about everywhere.  Because almost every type of food fraud involves mislabeling to some extent, quoting statistics on mislabeling is difficult.  As an example, a botanical supplement labelled as 100% turmeric extract but that actually contains 15% filler is both mislabeled and diluted.  To make it even trickier, different organisations using different words to describe similar food fraud activities.  Learn more about classifying food fraud types in this great Food Safety Tech Article.  Suffice to say, mislabeling fraud is very common and, according to US Grocery Manufacturers Association, it affects around 10% of food products globally.

Coffee growers in Hawaii have launched a class action to protect their products

How do we expose origin fraud?  Typically, origin fraud is uncovered after authorities have been tipped off about suspect activity in a supply chain, either by people from within the supply chain or by competitors of the mislabeled product.   The evidence used to pursue the fraudsters often comes from either fraudulent documentation, or from testing of finished products.  This year we have seen an increase in the use of authenticity testing by representatives of ‘authentic’ brands to expose fraudulent products.  This is a trend that I expect to continue as test methods are improved, refined and can more easily be extended to assess specific product attributes.

I have been following this trend with interest and was reading, today, about alleged origin fraud in coffee in the United States. This is a case that is representative of the trend to use sophisticated test methods to authenticate finished product attributes.  Another recent example would be honey testing in Australia.  In the coffee case, growers from the Kona district of Hawaii have filed a lawsuit against retailers for allegedly selling ‘Kona’ coffee that does not contain a reasonable amount of coffee from the district. Kona coffee production is 2.7 million pounds, however more than 20 million pounds of coffee labelled ‘Kona’ is sold each year.  The plaintiffs claim to have analytical test results to support their claims.  Nineteen brands of coffee, sold by retailers including Walmart, Cosco and Amazon, have been named in the complaint.  Chemical testing technology underpins this current lawsuit, as it allows the coffee growers to show, for the first time, the actual Kona content of the coffee that is being allegedly mislabeled.  For this to be possible, the coffee growers would have had to organise for testing laboratories to create a database of chemical test results of authentic samples of Kona coffee.  Databases like this are used to model a product’s unique chemical fingerprint using sophisticated mathematical computations.  The test method can then be used to compare the ‘fingerprints’ of suspect brands against those of authentic products, such as Kona-grown coffee, and infer the amount of genuine material in each sample.  Developing databases for this type of testing is expensive and time consuming.  However, there are an increasing number of laboratories that have the machinery, skills and software to perform this work, so it is becoming more accessible to brand owners.

Specialty vinegars fetch high prices and can be vulnerable to economically motivated food fraud.

In cases that do not originate with product testing, it is activities in the supply chain that provide clues to origin fraud.  This month there have been reports of origin fraud for a specialty vinegar, Modena balsamic vinegar.  Modena balsamic is protected by a special geographical designation under European regulations.  According to these rules, Modena balsamic vinegar must be produced using grapes only from certain regions in order to be considered authentically ‘Modena’.  A massive fraud involving 15 million Euros worth of materials has been uncovered in Italy after a special operation by local authorities found that the wrong grapes were being used to produce this very expensive product.  Although operational details about this investigation are scarce, these types of actions by authorities are often initiated after authorities have received a tip off from someone connected with the supply chain.   Another example of such a tip-off includes this recent wine counterfeiting operation in which authorities became aware that a printing shop had received an order for 4,500 wine labels from a company that was not the brand owner.

More tip-offs and more testing are my predictions for 2019 and 2020.  These are going to lead to more investigations, complaints and enforcement actions against perpetrators of food fraud.  And that’s a win for everyone!

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Letter from Thailand – food fraud, food safety, food excellence

The World of Food Safety Conference was held in Bangkok in conjunction with THAIFEX in early June 2017.  Delegates represented large and medium sized food businesses in South East Asia as well as government and trade organisations.  Thai, Singaporean, Malaysian and Myanmar delegates dominated the group.  The attendees were hungry for knowledge about food fraud and food fraud prevention; almost 50% of the topics across the two-day conference were related to food fraud, traceability, supply chain management and crisis management.

As well as speaking about recent trends and developments in food fraud, I enjoyed learning from the other speakers, sampling the wonders of THAIFEX and enjoying Thai food which was truly excellent.

Karen Constable spoke about Food Fraud at World of Food Safety Conference

 

Background checks as an aid to fraud mitigation

I was lucky to gain some fantastic insights into the intricacies and challenges of performing background checks on business people in Asia from Jingyi Li Blank,  Mintz Group.  Background checks on business owners are a great way to understand vulnerabilities to food fraud when seeking new suppliers or investigating sources of new raw materials.  South East Asia and China present some challenges for companies performing background checks, including the way that people in the area often have multiple spellings and versions of their of their names, as well as cross-border issues of jurisdiction.

Prevalence of food fraud prevention systems

Julia Leong from PricewaterhouseCoopers shared some statistics on current levels of compliance among food companies who have interracted with the PwC SSAFE tool: 41% of companies have no systems to detect or monitor fraud, 36% have no whistle-blowing systems and 38% do not perform background checks on employees. Food businesses that neglect these areas are exposing themselves to serious financial risks from food fraud.

Support for food businesses in developing countries from GFSI

It was heartening to hear about the new program being launched by the Global Food Safety Initiative (GFSI) in developing countries.  The Global Markets Program is designed to bridge the gap between food operations with no formal food safety systems and those who have GFSI-endorsed certification by helping companies to develop food safety management systems through a process of continuous improvement.  Within the program, manufacturing support systems related to hygiene and other basic principles of food safety are implemented progressively over a defined time period as the companies work to attain either a basic or intermediate level of compliance.  The results are not accredited but become the foundation for further improvements so that the business can work towards implementing a complete food safety program.

Sustainability in the food supply chain; palm oil and coconut oil

Matthew Kovac of Food Industry Asia presented on behalf of Cargill, providing a fascinating introduction to the sustainability programs Cargill has introduced in their palm oil and coconut oil supply chains.  Cargill is a major grower, purchaser and refiner of palm oil and are aiming for a 100% sustainable target by 2020.   For Cargill, sustainability in palm oil means:

  • No deforestation of high value areas
  • No development on peat (burning beat causes air pollution and contributes to climate change)
  • No exploitation of indigenous peoples
  • Inclusion of small land holders

Coconut oil sustainability is being improved in conjunction with The Rainforest Alliance, by providing training and support for Filipino growers so that they can increase their yields, as well as providing them with access to wood fired dryers that allow the growers to produce copra that has better colour, less aflatoxins, less environmental contaminants and lower free fatty acids than traditionally sun-dried copra.

The many and varied hazards in HACCP for fish

It was both fascinating and scary to be reminded of the hazards to food safety from fresh fin fish by Preeya Ponbamrung, from Handy International: pathogenic bacteria, viruses, biotoxins such as ciguatera, biogenic amines (histamine being the most common), parasites and chemicals such as water pollutants and antibiotics used in aquaculture.  That’s quite a hazard list; it was heartening to hear Ms Ponbamrung describe the control methods employed by the fish processing industry to keep those hazards out of our food supply.

Crisis communications; winners and losers

We learnt about successful methods – and not-so-successful-methods – that food companies use to communicate food safety and food fraud risks to consumers.  Nestle was applauded for its fast, clear and practical response to reports of counterfeit versions of its popular MILO chocolate drink powder in Malaysia.  The brand owner promptly published instructions for consumers on social media and in the local press explaining how to tell the difference between the fake and the real product.

Image: MILO Malaysia Facebook, March 2015

 

Some other companies do not do so well with crisis communications.  Cesare Varallo of Inscatech, showed us that the public communications of Chipotle in the USA about its food safety problems were less than ideal.  The brand has suffered serious losses and it has been reported that 13% of its former customers say they will never return.  Time is of the essence in a food safety or food fraud crisis.  Does your company have a crisis plan?

Want to know more about any of these topics?  Get in touch with us, we love to help.

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Food Fraud; news of emerging issues

The macadamia nut tree out the back of my place is flowering and is covered with long, yellow flower spikes.  In a few months it will be covered in nuts.  However, in world markets right now there is a shortage of whole macadamia nut kernels.  While stocks remain scarce, macadamia products are at increased risk of fraudulent activity.  Whole kernels are less likely than other macadamia products to be affected by fraudulent adulteration, however they are still at risk of fraudulent misrepresentation of country of origin, packing date and organic status.  Nut pieces, meals and flours are at risk of fraudulent adulteration with cheaper fillers and substitutes.

Here are some other interesting issues in food fraud or potential food fraud from the last month:

Are breadfruit products an emerging fraud risk?  Breadfruit is a starchy tropical fruit that grows on large trees in the Pacific Islands and the Carribean. Breadfruit flour is said to have huge potential as a gluten-free product and breadfruit could become the next ‘superfood’, but right now demand outstrips supply and new trees take 3 to 5 years to bear fruit.  If the marketing gurus succeed in making breadfruit the next big thing, it will attract a premium price in North America and Europe and gluten-free breadfruit flour could become an attractive target for fraud.  I will be watching this product closely to see how the situation develops.

breadfruit
Is breadfruit destined to be the next ‘superfood’?

Hairy crabs, a delicacy in parts of China, are in season now, with crabs from particular lakes being very highly prized and even more expensive than their counterparts from other lakes.  A crab-marketing group representing hunters from Yangcheng lake designed an anti-counterfeiting system based on bar-code technology for Yangcheng crabs.  Unfortunately, they discovered that sellers of crabs from other lakes were forging the anti-fraud bar-codes.   I predict this type of fraud to increase over the next few years as consumers come to expect and trust anti-counterfeit measures applied to expensive consumer items.

For more on these topics plus expert analysis of the food fraud risk profiles of hundreds of other food materials check out our food fraud risk information database.

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Food Fraud Alerts – top issues this month

Highlights from this month’s Food Fraud Report

Cheese buyback

In the USA, the Department of Agriculture (USDA) is buying $20m worth of cheese in an attempt to improve prices.  The cheese will be given to food banks and pantries. read more

Cheese wheels on the shelves in diary production factory

Champagne doom

Champagne makers have warned of a looming shortage due to bad weather during the growing season, the worst in 60 years.  read more

Dairy prices turn a corner

Falling production and growing demand is said to be responsible for a  sudden sharp upturn (12.7%) in global dairy prices.  read more

Lead found in turmeric

Routine sampling by New York State (USA) food inspectors found high levels of lead in retail turmeric, leading to a recall of multiple brands in the USA.  read more

Spices and herbs in metal bowls and wooden spoons. Food and cuisine ingredients
Spices have long been susceptible to fraudulent adulteration

 

Allergenic adulteration of cumin

There has been a recall of cumin due to the presence of undeclared peanuts.  read more

Wheat markets in flux

Global wheat production volumes have smashed records for the fifth year in a row.  read more

 

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Food fraud; meet the perpetrators

Criminals, con-men, fraudsters… whatever we might like to call them, it’s a fair bet that many people who are responsible for food fraud don’t see themselves as ‘proper’ criminals.  And it’s timely to remember that, although we often talk about food fraud using abstract concepts like ‘supply chain’, and ‘grey market’, the real story behind food fraud is men and women conducting illegal activities.

So who are the people responsible for food fraud?  Although research specific to food-related fraud is scarce, within the broader world of ‘white collar crime’, fraud is overwhelming thought to be committed by men rather than women.  People involved in food fraud can be classified into two types;

  • Opportunistic fraudsters; and,
  • Organised fraudsters.

Opportunistic criminals are those who are ‘in the right place at the right time’.  They are most likely to be an employee or owner of a business within the food supply chain who has identified an opportunity to make a profit.  Unfortunately, it appears that within this group there are many who feel compelled to commit fraud after finding their business in difficult circumstances.  Commonly, the fraud will be committed to meet supply contracts or expectations of customers or to prevent bankruptcy.

close up of poultry processing in food industry

Organised food fraud criminals have different motivations and often work in groups that actively seek out opportunities to make money without regard for laws and regulations.  Often, these criminals will operate within other industries in addition to the food industry.  Their frauds tend to be larger, more complicated and continue for longer periods of time than opportunistic frauds. The people behind these crimes are less likely to be legitimate employees of the food industry, but will know people inside the industry whom they use to gain access to the supply chain.  Compared to opportunistic fraudsters,  the activities of organised criminals tend to involve more people and the fraud is more likely to have a broader affect along and across supply chains.  Combined with the fact that organised criminals are very likely to repeat their crimes if they prove to be profitable this means the frauds perpetrated by organised criminals can have a very large impact.

Opportunistic Organised
Food industry connections More likely to be employed within industry Contacts and links to industry
Motivations One-off financial gains or motivated by the need to prevent business financial failure or meet sales/supply contracts Motivated by direct financial gain to support other criminal activities
Knowledge of food processes Detailed knowledge of some processes Both detailed and limited knowledge of various processes
Knowledge of detection likelihood Often limited knowledge about the likelihood of detection Often limited knowledge about the likelihood of detection
 Knowledge of successful strategies  Usually well informed about the likelihood of success Usually well informed about the likelihood of success
Repeat offences Less likely to repeat More likely to repeat if successful
 Impact of activities  Less potential impact than organised fraudsters Potentially higher impacts due to broader reach and higher likelihood of repeating a fraud

blue drums on pallet

Food fraud perpetrators from around the globe

Yakub Moosa Yusuf has been described as Britain’s most notorious food fraud criminal and has been jailed twice over fraudulent meat trading, including selling meat that was falsely declared to be halal.

In Asia, a Taiwanese seafood company allegedly found itself with an oversupply of expensive frozen shrimp after sales were affected by a downturn in the number of tourists from China.  Rather than discard the shrimp and face financial losses, the owner and his son are alleged to have tampered with the expiry dates and sold the stock, saving their business and reportedly making a tidy sum of US$22m in the process.

North America’s Mucci Farms attracted plenty of negative media attention and a $1.5m fine after a three year investigation by the Canadian Food Inspection Agency  found that the business had been misrepresenting the country of origin of produce, including cucumbers and peppers, to meet the demand for locally-grown food.  Inspectors first became suspicious when they noticed that the outside of some cardboard cartons appeared to have had stickers peeled off and replaced with stickers that said “Product of Canada” stickers, while stickers on the inside of the cartons “Product of Mexico.”  Court documents described one scenario in which Mucci needed to supply Canadian-grown mini-cucumbers but could not find local sources.

In Europe, this French olive supplier sold cheaper Spanish olives to local olive oil producers, misrepresenting their provenance, after having problems sourcing local olives due to harvests being affected by the olive fruit fly pest.

And finally, a cab driver from Chester, in England endangered the lives of his customers by selling fake vodka containing toxic chemicals.  He was found with illegal tobacco and alcohol worth £1,700.

Read Part 2 of Meet the Perpetrators