From nutrition and health claims to allergen labeling, recent regulatory developments are shaping the future of the food and drink industry.
The food and drink sector is constantly evolving, with regulations and guidelines changing at a rapid pace. In this quarterly regulatory update, we will delve into the most impactful developments in the industry, shedding light on changes that have recently come into effect and those on the horizon. From proposed reforms to the enforcement of nutrition and health claims to updated guidance on allergen labeling, these developments will have a profound impact on businesses in the sector. Join us as we explore these changes and their implications for the food and drink industry.
Nutrition and health claims – proposed changes to enforcement regime:
The government is currently seeking to reform the enforcement procedure for nutrition and health claims regulation in England. The proposed improvement notices regime aims to align this legislation with the enforcement provisions of other food regulations. Currently, the enforcement of nutrition and health claims is primarily carried out through criminal prosecutions, which can be costly and time-consuming. As a result, many businesses continue to use unauthorised claims without facing meaningful sanctions. The proposed improvement notice regime would provide a more consistent and low-resource enforcement approach, encouraging businesses to comply with the law. While these changes are subject to consultation, it is highly likely that they will be implemented in the near future. Businesses are advised to review their nutrition and health claims and ensure compliance before the new enforcement regime comes into force.
Consultation on the labelling of no and low alcohol alternatives:
The government has launched an open consultation on updating the labelling guidance for ‘no and low-alcohol’ alternatives. The aim is to encourage the substitution of alcoholic drinks with no and low-alcohol alternatives among those who consume alcohol above low-risk levels. The consultation seeks views and evidence on various options, including changing the threshold for products described as ‘alcohol-free’, recommending the use of “non-alcoholic” for drinks associated with alcoholic beverages, displaying alcoholic content on labels, and introducing an age restriction warning for no and low-alcohol drinks. Depending on the responses received, further regulations may be imposed on the labelling of these products. Producers in the sector should stay informed about potential labelling changes that may come into effect as a result of this consultation.
FSA revises CBD daily limit advice:
The Food Standards Agency (FSA) has recently reduced the daily limit for CBD (cannabidiol) from 70mg to 10mg per day. While the FSA has stated that there is no acute safety risk associated with higher doses, concerns have been raised about potential long-term health problems. CBD, derived from cannabis, is found in a range of products such as oils, confectionery, baked goods, and drinks. The FSA’s revised advice will have implications for products on the market that contain more than 10mg of CBD per serving. The FSA will be working closely with industry to minimize the risk and ensure consumers are not exposed to potentially harmful levels of CBD. This change follows the classification of CBD as a “novel” food by the FSA in 2019, requiring CBD food products to apply for authorization before being sold legally. Retailers have already taken measures to remove products that exceed the new daily limit, and further developments are expected in this space.
Delays to restrictions on volume price promotions including free drink refills:
The implementation of restrictions on volume price promotions, including free drink refills, has been delayed by two years. The Food (Promotion and Placement) (England) (Amendment) Regulations 2023, which were due to come into force on October 1, 2023, will now be implemented on October 1, 2025. This delay aims to support businesses and allow them to focus on making food more affordable amidst the cost of living crisis. For food products where the promotion is included on the packaging, a 12-month transitional period will apply from the day the restrictions come into force. Businesses affected by these regulations should take note of the extended timeline and plan accordingly.
Precautionary allergen labelling – updated technical guidance published:
In response to concerns about misleading allergen information, the Food Standards Agency (FSA) has published updated technical guidance on precautionary allergen labelling. The guidance aims to support food businesses in providing compliant and consistent information to consumers. It emphasizes that precautionary allergen labels should only be applied when there is an unavoidable risk of cross-contamination that cannot be sufficiently controlled. Labels should specify the allergen in question rather than using generic terms. The guidance also clarifies that precautionary allergen labels should not be used alongside “free from” statements, as they are contradictory. By following this guidance, businesses can ensure they provide accurate and reliable information to consumers, mitigating the risk of misleading allergen labeling.
Conclusion:
The food and drink sector is undergoing significant regulatory changes, with implications for businesses across the industry. From proposed reforms to the enforcement of nutrition and health claims to updated guidance on allergen labeling, these developments are shaping the future of the sector. It is crucial for businesses to stay informed, review their practices, and ensure compliance with the evolving regulations. By doing so, they can navigate the changing landscape and continue to provide safe and transparent products to consumers.
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