The food and drink sector is a dynamic industry that constantly evolves, and with it, the rules and regulations that govern it. In this regulatory update, we highlight the most impactful recent developments in the sector and provide insights into upcoming changes. From proposed reforms to nutrition and health claims enforcement to consultations on the labelling of no and low-alcohol alternatives, these updates have significant implications for businesses in the food and drink industry. Additionally, we explore the revised daily limit for CBD and the latest guidance on precautionary allergen labelling. By staying informed and adapting to these regulatory changes, businesses can ensure compliance and maintain consumer trust.
Nutrition and health claims – proposed changes to enforcement regime:
Addressing the Enforcement Gap
The government is considering introducing an improvement notices regime to reform the enforcement procedure for nutrition and health claims regulation in England. Currently, enforcement of these regulations relies solely on criminal prosecutions, which can be costly and time-consuming. As a result, enforcement authorities are often hesitant to pursue cases, leading to businesses using unauthorized claims without facing meaningful consequences. This creates an unfair playing field for businesses that comply with the law. The proposed improvement notices regime aims to provide a consistent and low-resource enforcement approach, encouraging businesses to make necessary changes to their claims. While subject to consultation, these changes are likely to be implemented in the near future, urging businesses to review their nutrition and health claims to ensure compliance.
Consultation on the labelling of no and low-alcohol alternatives:
Promoting Healthier Choices
To encourage the substitution of alcoholic drinks with no and low-alcohol alternatives, the government has initiated an open consultation on updating the labelling guidance for these products. The consultation seeks views and evidence on various aspects, including changing the threshold for products described as “alcohol-free,” recommending the use of “non-alcoholic” with names associated with alcoholic drinks, displaying alcoholic content on labels, and introducing age restriction warnings. By seeking input from stakeholders, the government aims to inform future regulations and promote the consumption of healthier alternatives. Businesses in the no and low-alcohol sector should closely monitor the consultation’s outcomes and be prepared for potential labelling changes.
FSA revises CBD daily limit advice:
Balancing Safety and Access
The Food Standards Agency (FSA) has revised its daily limit advice for CBD, reducing it from 70mg to 10mg per day. While the FSA states that there is no acute safety risk associated with higher doses, concerns have been raised about potential long-term health issues. CBD, derived from cannabis without psychoactive properties, is used in various products, including oils, confectionery, and drinks. The FSA’s revised advice may have implications for products currently on the market that exceed the new daily limit. Retailers, such as Holland & Barrett, have temporarily removed products with higher CBD doses as a precautionary measure. With the FSA’s advice being precautionary in nature, consumers are urged to check product labels and consider their daily intake in light of the updated guidance.
Delays to restrictions on volume price promotions including free drink refills:
Providing Breathing Space
The implementation of restrictions on volume price promotions, including free drink refills, has been delayed for two years. Originally scheduled to come into force on October 1, 2023, these regulations will now be effective from October 1, 2025. The delay aims to support businesses during a time of cost-of-living crisis and allow them to focus on making food more affordable. For food products with promotional information included on the packaging, a 12-month transitional period will apply once the restrictions come into force. This reprieve provides businesses with additional time to adjust their marketing strategies and comply with the forthcoming regulations.
Precautionary allergen labelling – updated technical guidance published:
Ensuring Clear and Consistent Information
Food businesses are required to indicate whether any of the 14 allergens listed in the Food Information for Consumers Regulations are deliberately included in their products. However, providing information about the unintentional presence of allergens, known as precautionary allergen labelling, is voluntary. In response to a tragic incident involving misleading labelling, the Food Standards Agency (FSA) has published updated technical guidance to support businesses in providing compliant and consistent voluntary information to consumers. The guidance emphasizes the need for businesses to apply precautionary allergen labels only when there is an unavoidable risk of cross-contamination. It also provides clarity on labeling specific allergens and advises against contradictory statements such as combining “may contain” with “free from” claims. By following this guidance, businesses can avoid misleading consumers and mitigate the risk of severe consequences.
Conclusion:
The food and drink sector is subject to constant regulatory changes, and staying informed is essential for businesses to ensure compliance and maintain consumer trust. The proposed reforms to nutrition and health claims enforcement, consultations on labelling no and low-alcohol alternatives, the revised CBD daily limit advice, delays to volume price promotion restrictions, and updated guidance on precautionary allergen labelling all have significant implications for businesses in the industry. By proactively reviewing and adapting their practices, businesses can navigate these changes and continue to thrive in an evolving regulatory landscape.
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