“Isn’t this fraud at this point?” It looks nothing like the packaging... Is that a problem?

The product’s actual cross-section looks very different from the image on the packaging
Recurring controversy over “packaging tricks” in the food industry

A controversy over “exaggerated advertising” has continued to surround a limited-edition Custard product recently launched by a major domestic confectionery company. Consumers have repeatedly complained that the appetizing image on the packaging differs from the product inside.

On Nov. 4, Yonhap News Agency conducted a fact-check based on relevant laws and regulations to examine whether there are any issues with advertisements or packaging that differ from the actual product.

Posts complaining about the product quickly appeared on social networking services (SNS) and online communities, accompanied by photos showing the product cut open. One user expressed disbelief, saying, "I never found a single raspberry, even after eating the whole thing." SNS

The product at the center of the recent controversy is “Premium Custard Cheese & Raspberry,” launched by Lotte Wellfood in collaboration with Chiple, a brand specializing in cheesecakes. The product features a soft custard cake filled with custard cheese cream and raspberry syrup. The issue stems from the difference between the image on the packaging and the actual product. The packaging shows a cross-section of the cake generously filled with white cheese cream and red raspberry syrup. However, after some consumers cut the product in half to check, they pointed out that little to no raspberry syrup was visible, unlike in the packaging image.

Complaints continued to appear on social media and online communities, accompanied by photos showing the product cut open. One user expressed disbelief, saying, “The raspberries never appeared, even after I finished eating it.” Others commented, “No wonder there was cream but no syrup,” “I was fooled too. It’s unfair and infuriating,” and “Isn’t this exaggerated advertising?” Some also questioned the manufacturer’s product quality control and packaging practices, saying, “It’s expensive, so why are they playing games with food?” and “Isn’t this deceiving consumers?”

Lotte Wellfood: “We fill it with the specified amount, but the contents can shift during production”

When Yonhap News Agency cut several of the products in half and examined them, in some cases the raspberry syrup had shifted to one end and was not visible in the cross-section at all. In other products, a relatively large amount of syrup was visible in the middle. Lotte Wellfood explained that although it fills the products with a specified amount of syrup, the contents had shifted to one side during production. The manufacturer said that, because the production process involves adding the syrup first and then the cream, the syrup can collect in certain areas, and that it was reviewing ways to improve the process.

Image shown on the packaging of the controversial product. Yonhap News Agency.

This is not the first time a controversy has arisen over differences between images on food packaging and the actual contents. In 2014, convenience store private-label (PB) products, including stir-fried sundae and sets of pork head meat and jokbal, drew criticism for having less substantial contents than the packaging images suggested. That same year, the Consumers Union of Korea cited some cup noodle products as examples of food packaging images that could give consumers a false impression. At the time, Samyang Foods’ Buldak Bokkeum Myeon featured an image of chicken on its packaging, but chicken accounted for just 0.85% of the liquid soup. Paldo’s Bulnak Bokkeum Cup also featured an image of a dish containing octopus on its packaging, but the actual octopus content was only 0.7%.

Exaggerated food advertising can bring up to five years in prison... but determining whether it is illegal is not easy

So, are images on packaging that differ from the actual product a legal problem? The current Act on the Labeling and Advertising of Foods prohibits false or exaggerated advertising and deceptive labeling or advertising that could mislead consumers or give them a false impression. Violations can result in administrative penalties, including corrective orders or business suspension, while false, exaggerated, or deceptive labeling or advertising can carry a prison sentence of up to five years or a fine of up to KRW 50 million.

There is also a regulation requiring phrases such as “serving suggestion,” “illustrative image,” or “staged example” to be displayed according to set standards when photos or illustrations of prepared food are used on food packaging. The Asia Business Daily

There are also regulations requiring phrases such as “serving suggestion,” “photo for illustrative purposes,” or “illustrative image” to be displayed according to set criteria when photos or illustrations of prepared food are used on food packaging. However, it is difficult to determine whether the law has been violated when an ingredient actually present in the product is depicted more generously on the packaging.

An official from the Ministry of Food and Drug Safety told Yonhap News Agency that it is relatively clear whether the law has been violated if an ingredient not actually used is shown on the packaging. However, the official explained that it is difficult to determine what degree of depiction would constitute a violation when the amount of an ingredient in the product is made to appear greater than it actually is. In particular, as cases of AI-generated images being used on food packaging have recently emerged, some are calling for clearer standards for labeling and advertising. The packaging of the Custard product at the center of this controversy also bears the word “AI” alongside the phrase “photo for illustrative purposes.”

In Japan, industry self-regulatory codes set out how packaging images may be presented for different food categories, including instant noodles, biscuits, and fruit juice drinks. Some have called for similarly specific standards to be established in South Korea. Others, however, warn that overly detailed guidelines could allow companies to evade regulation by meeting only the minimum requirements.

This content was produced with the assistance of AI translation services.