The Kosher Issues of Generic Packaging

The first of two articles

By Rabbi Avrohom Y. Stone
Rabbinic Field Representative

One of the dictums which Chazal have taught us is that we should look, not at the container, but at what is inside.  Recent experience has shown that in the world of kosher food production, the words of our Sages take on an even added significance.

Packaging of a product is crucial to every company, for it is the face which the consumer recognizes and associates with the multitude of preconceived notions advertising has successfully imbued in the purchaser.  For many years, each different product, and even each different variety of a single product, which a company  produced would have its own, unique packaging.  There were similarities that ran common between the varieties, to show that the products were all related and from the same facility.  However, the idea was to make each flavor, type or style clearly and distinctly different from its close cousin.

In their constant attempt to maximize profits by decreasing expenses, the focus of many companies has now broadened to include not just downsizing personnel and increased efficiency, but also new areas such as packaging.  Tuition at the school of thought that recommends separate, unique packaging has become very expensive.  A new, more practical philosophy has begun to take shape.  This position advocates that all members of a brand family look exactly alike.  The only difference, as it were, would be in the name of the variety that appears on the package.

Consumers would immediately associate the quality of one flavor or variety with their positive experience with another.  Seeing them in exactly the same package, with only the variety name different, would build consumer loyalty to the brand.  There would also be an incidental advantage for the company.  Each new packaging for each variety costs more money.  It also carries with it the risk that, should the variety be unpopular, the money spent on packaging materials would be a loss.  It would therefore be in universal interest to produce only one type of packaging.  This could be used for all the varieties in a brand.  As the product was being packaged, the particular variety name could be affixed to the generic package.  Therefore, the chocolate, vanilla, strawberry etc. varieties packages would be carbon copies of each other.  The only difference would be the variety name stamped, stuck or hot-printed on the package during or after packaging.

This philosophy is especially appealing to private label manufacturers.  Instead of having to take the risk of ordering separate film for each brand, the private label manufacturer could have one generic package.  As he changes customers, he need only change the sticker or the imprint that is done at the time of packaging.  The packaging itself remains the same for each customer.

I have seen variations of this new approach in almost every industry.  Unfortunately, it poses a serious potential problem for us as we do our best to insure that the OU symbol is used properly and appropriately on the products we certify.

Part II