CEASE & DESIST REQUEST ref: UK Regulation No. 1169/2011 To (…) You may be aware that a consortium of UK kombucha craft brewers (the undersigned) have allied to form ‘The Real Kombucha Revolution’. Our consortium aims to: i)
Promote and reinstate the custom and heritage of authentic/craft brewed kombucha; ii) Preserve and honour the legacy, tradition and significant benefits of drinking authentic, whole kombucha over processed and artificial variants, and; iii) Educate consumers to know what “kombucha” products they are buying and safeguard their right to make informed choices. This has become necessary owing to the proliferation in recent years of “kombucha”-labelled products that have deviated away from the traditional brewing method, ingredients, etc and the lack of a definition for “kombucha” in UK law to prevent any soft drink variant – for example, with one or more industrialised processes applied, or with a proprietary bacteria powder strain added – calling itself “kombucha” on the label. Only whole kombucha confers the complete (i.e. holistic) range of benefits many consumers research online or read about or reference in the media. Calling (…) “kombucha” in this context is misleading with regards said benefits they would expect to reap, since there is no differentiation in your labelling with brands like ours who brew the traditional way
and retain all the vital components such as the yeasts and bacteria without resort to filtration, carbonisation, pasteurisation, addition of probiotic powder strains, etc for longer shelf life and stability. However statutory laws do exist in the UK to protect businesses like ours and consumers alike and to ensure that any products undergoing any type of processing that deviates from the customary version of the product must state that process in the product’s name or a description which clearly delineates it from the traditional version (i.e. “Pasteurised Kombucha”, “Filtered and Carbonated Kombucha”, “Kombucha Drink with added Proprietary Probiotic Powder Blends”…), namely: Regulation No. 1169/2011, the Food Information to Consumers (FIC) Regulation, and associated legal standards for labelling and composition of food products (our emphasis in CAPS): The following information must appear by law on food labels and packaging: The name of the food must be clearly stated on the packaging and not be misleading. If there is a name prescribed in law this must be used. IN THE ABSENCE OF A LEGAL NAME, A CUSTOMARY NAME CAN BE USED. This might be a name that has become commonly understood by consumers and established over time such as ‘BLT’ for a bacon, lettuce and tomato sandwich…
IF THE FOOD HAS BEEN PROCESSED IN SOME WAY, THE PROCESS MUST BE INCLUDED IN THE TITLE, for example ‘smoked bacon’, ‘salted peanuts’ or ‘dried fruit’. A PROCESSED FOOD IS ANY FOOD THAT HAS BEEN ALTERED IN SOME WAY DURING PREPARATION. Source: https://www.food.gov.uk/businessguidance/packaging-and-labelling Failure to comply with UK labelling laws has enabled yours and other industrialised brands to gain an unfair foothold and advantage in the kombucha retail market space, which is causing a detrimental knock on effect and considerable hardship to small homegrown businesses like ours who find it impossible to compete. To that end we feel it both productive and in keeping with the spirit of kombucha at this initial stage to politely request that you rework your “kombucha” product labels sold within the UK. We are aiming for complete transparency in the UK kombucha sector by 31st December 2021 to ensure fairness for small brewers and consumers alike, and to provide a more competitive retail space that has room for real kombucha and variants thereof to co-exist. Would you therefore voluntarily signal your intent to commit to relabelling your “kombucha” products by no later than 31st December 2021, and confirm this in writing to us no later than 31st August 2021? By acting now and committing to comply with UK labelling regulations, this would ensure your brand favourable coverage and publicity in a major press and media
campaign this autumn, and a documentary about the UK kombucha scene about to enter production for release in January 2022 If we do not hear from you by 31st August we will accept that you are not interested in co-operating in this aim and would then resort to appropriate formal means, which would in turn raise the possibility of all non-compliant-labelled product being officially recalled for relabelling. We look forward to your response and thank you for your attention and consideration in this vital matter. Yours sincerely, ‘The Real Kombucha Revolution (UK)’ Signees (up to 31st July 2021): Emma Davies, Curious Kombucha; Lou Dillon, Twisted Kombucha; Samantha Goulding, Sambucha Kombucha; Eaoifa Forward, Boo Chi Kombucha; Gary Leigh, GO Kombucha; Emma Ramarge, Brighton Booch; Colin Wynne, Nutra Kombucha.