From nutrition and health claims to allergen labelling, here are the key updates you need to know
The food and drink sector is constantly evolving, with regulations changing at a rapid pace. In this quarterly regulatory update, we highlight the most impactful developments in the industry. From proposed changes to the enforcement regime for nutrition and health claims to updates on labelling for no and low alcohol alternatives, these updates have significant implications for businesses in the sector. We also delve into the revised daily limit advice for CBD and the latest guidance on precautionary allergen labelling. Stay informed with these key updates that could shape the future of the food and drink industry.
Nutrition and health claims – proposed changes to enforcement regime:
The government is seeking to reform the enforcement procedure for nutrition and health claims regulation in England. Currently, enforcement is only done through criminal prosecution, which can be costly and time-consuming. To align with other food regulations, the government is proposing the of an improvement notices regime. This approach would provide a low-resource enforcement method, allowing businesses to make necessary changes without facing criminal prosecution. By implementing this new enforcement regime, businesses that comply with the law will no longer face unfair competition from those using unauthorised claims.
Consultation on the labelling of no and low alcohol alternatives:
The government is conducting an open consultation on updating the labelling guidance for ‘no and low-alcohol’ alternatives. The aim is to increase the substitution of alcoholic drinks with healthier alternatives among those who consume alcohol above low-risk levels. The consultation seeks views and evidence on various aspects, including changing the threshold for ‘alcohol-free’ products, recommending the use of “non-alcoholic” for certain drinks, and introducing an age restriction warning. The outcome of this consultation could lead to further regulations on the labelling of ‘no and low-alcohol’ products.
FSA revises CBD daily limit advice:
The Food Standards Agency (FSA) has reduced the daily limit for CBD consumption from 70mg to 10mg per day. While the FSA states that there is no acute safety risk, there are concerns about potential long-term health problems associated with higher doses. CBD, derived from cannabis but without psychoactive properties, is found in a range of products. The FSA’s revised advice will have implications for products currently on the market that exceed the new daily limit. Businesses will need to work closely with the FSA to ensure compliance and minimize the risk to consumers.
Delays to restrictions on volume price promotions:
The Food (Promotion and Placement) (England) (Amendment) Regulations 2023 have introduced a two-year delay to the restrictions on volume price promotions, including free drink refills. Originally scheduled to come into force on October 1, 2023, these restrictions 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. Food products with promotions included on the packaging will benefit from a 12-month transitional period.
Precautionary allergen labelling – updated technical guidance published:
Food businesses must indicate whether any of the 14 allergens listed in the Food Information for Consumers Regulations are deliberately included in relevant food. Precautionary allergen labelling, indicating the unintentional presence of allergens due to contamination, is voluntary. However, misleading or ambiguous information can have severe consequences. Following the publication of a coroner’s report, the Food Standards Agency (FSA) has released updated technical guidance to support businesses in providing compliant and consistent information. The guidance emphasizes the need for precautionary allergen labels to be used only when there is an unavoidable risk of cross-contamination. It also clarifies that “may contain” labels should not be used alongside “free from” claims.
Conclusion:
These latest regulatory developments in the food and drink sector have significant implications for businesses and consumers alike. From proposed changes to the enforcement regime for nutrition and health claims to revised daily limits for CBD consumption, these updates reflect the evolving landscape of the industry. It is crucial for businesses to stay informed and adapt to these changes to ensure compliance and maintain consumer trust. As the sector continues to evolve, it is essential to keep a close eye on future developments and their potential impact on the food and drink industry.
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