Selling food and drink online: labels, allergens, dates and claims

A jar of chilli oil has a lot to say on its label before it says anything about flavour: what it is, how much is in it, what is in it, which allergens it carries and who made it. US law asks for all of that on packaged food. Online, the question is how much of it a buyer can see before paying, and the marketplaces each answer it a little differently.

This page covers the label, the claims that come with rules, dates and delivery, and what Amazon, Walmart, eBay, Canada and the EU ask.

What this page covers: packaged food, snacks, coffee and tea, sauces and spices, confectionery, drinks and baked goods.

The short version

• Packaged food needs a statement of identity, net quantity, Nutrition Facts, an ingredient list with the major allergens, and the maker or distributor.
• Sesame has been a major allergen in the US since 1 January 2023.
• "Gluten free", "organic" and "sugar free" are regulated claims, and Walmart needs active USDA certification for organic.
• eBay wants the expiration date in the description and says how perishables are delivered.
• In the EU, a buyer must see all mandatory food information, except the date mark, before paying.

What must a food label carry in the US?

Packaged food sold in the US needs:

• a statement of identity: what the food is
• the net quantity
• a Nutrition Facts panel
• an ingredient list, with the major allergens declared, sesame included since 1 January 2023
• the name of the maker or distributor

Your listing is where a buyer reads this before they can hold the package. Walmart asks for the full label, the Nutrition Facts and the allergens with each food listing.

Which food claims have rules?

"Gluten free", "organic" and "sugar free" are among the words on food that are regulated claims, each with conditions to meet. Walmart names "gluten free", "organic" and "sugar free", and asks for active USDA certification before a food is called organic. If a claim is on your label because you meet its rules, it belongs in your listing. If it is not on the label, leave it out of the listing too.

What do marketplaces ask about dates and shelf life?

Walmart, Amazon and eBay each have rules on dates, shelf life and delivery:

• Walmart bars expired food and food without a reasonable shelf life, and some foods need its approval before they are listed.
• Amazon treats food and beverage as a restricted category, with FDA registration and expiration date rules.
• eBay asks you to state the expiration date in the item description, and how perishable items are delivered. Expired food and unpasteurised juice are not allowed.

What should food listing images show?

Food listing images should show exactly what the buyer receives. Shoot them this way:

• Show the real package, front and back, with the label panels readable.
• Add a photo of the Nutrition Facts and ingredients if the back of the package does not read well at listing size.
• Never show the food poured, plated or eaten in a way that changes what the buyer receives. A serving suggestion with garnishes the jar does not contain sets the wrong expectation.

What do Amazon, Walmart and eBay add for food?

Amazon, Walmart and eBay each add rules for food and drink:

What rules apply to food sold in Canada?

Food sold in Canada follows the Safe Food for Canadians Regulations, with labels in English and French.

What must an EU food listing show?

When food is sold online to EU buyers, all the mandatory food information except the date mark must be available before the purchase is concluded. In practice that means the full label details on the listing itself.

How Commicorn helps

• Your label, as printed. On the Untouched product route your photo's pixels are never redrawn, so the Nutrition Facts, ingredients and allergens on your package stay exactly as printed.
• Your package, not the food. Our scenes show your package. They do not show the food poured or served, so an image never promises something different from what arrives.
• Your claims, from your label. The listing copy is written from the details you give us. Check every claim against your label before you export.

Questions sellers ask

Is sesame a major food allergen in the US?

Yes, since 1 January 2023, so a food with sesame declares it with the other major allergens.

Can I call my food organic on Walmart?

Only with active USDA certification.

Do I need to show the expiration date on eBay?

Yes. eBay asks you to state the expiration date in the item description, and how perishable items are delivered.

Does Amazon restrict food and drink?

Yes. Amazon treats food and beverage as a restricted category, with FDA registration and expiration date rules.

Must the Nutrition Facts be on the listing?

Walmart asks for the full label, the Nutrition Facts and the allergens with each food listing, and EU buyers must see all mandatory food information except the date mark before paying.

Before you list

Have the full label ready to photograph before the listing goes live: the statement of identity, net quantity, Nutrition Facts, ingredients with the major allergens (sesame included), the maker or distributor and, for eBay, the expiration date. On a borderline claim, the label decides: "organic", "gluten free" or "sugar free" goes in the listing only when it is on the label because the food meets its rules, and organic on Walmart needs active USDA certification. Whether the food can be listed at all is settled by Walmart's approval for the foods that need it and Amazon's restricted food and beverage category.