Regulatory Update: Changes Afoot in the Food and Drink Sector

The food and drink sector is constantly evolving, with regulations and rules being updated and revised at a rapid pace. In this quarterly regulatory update, we highlight some of the most significant developments in the industry, including proposed changes to the enforcement regime for nutrition and health claims, a consultation on the labelling of no and low-alcohol alternatives, the Food Standards Agency’s revised advice on CBD daily limits, delays to restrictions on volume price promotions, and updated technical guidance on precautionary allergen labelling. These updates have the potential to impact businesses across the sector, and it is crucial for companies to stay informed and adapt accordingly.

Nutrition and health claims – proposed changes to enforcement regime:

The government is considering reforming the enforcement procedure for nutrition and health claims regulation in England. Currently, enforcement is only carried out through criminal prosecution, which can be costly and time-consuming. As a result, many businesses continue to use unauthorised claims without facing meaningful sanctions, creating unfair competition for compliant companies. The proposed improvement notices regime aims to bring this legislation in line with other food regulations, providing a consistent and low-resource enforcement approach. Businesses are advised to review their nutrition and health claims and make the necessary changes before the new enforcement regime comes into force.

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 non-alcoholic options among those who consume alcohol above low-risk levels. The consultation seeks views and evidence on various options, including changing the threshold for ‘alcohol-free’ products, recommending the use of “non-alcoholic” with names associated with alcoholic drinks, displaying alcoholic content on labels, and introducing age restriction warnings. The outcome of the consultation may lead to new 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 (cannabidiol) from 70mg to 10mg. 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 without psychoactive properties, is increasingly used in food products. The FSA’s advice will have implications for products currently on the market that exceed the new limit. Retailers, such as Holland & Barrett, have already taken temporary measures to remove products that exceed the recommended dosage. Food producers should closely monitor any further developments in this area.

Delays to restrictions on volume price promotions:

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 were originally set to come into force on October 1, 2023, but will now be implemented on October 1, 2025. This delay aims to support businesses during the cost of living crisis and allow them to focus on making food more affordable. 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 their products. Precautionary allergen labelling, which provides information about unintentional allergen presence due to contamination, is voluntary. However, misleading or ambiguous information can have fatal consequences, as highlighted by a recent case involving a vegan wrap containing traces of milk protein. The Food Standards Agency has published updated technical guidance to help businesses provide compliant and consistent voluntary information. The guidance emphasizes the need for precautionary labelling only when there is an unavoidable risk of cross-contamination, specifies the allergen involved, and advises against using contradictory statements such as “may contain” alongside “free from.”

Conclusion:

The food and drink sector is subject to constant regulatory changes, and staying up to date with these developments is essential for businesses to remain compliant and competitive. The proposed changes to the enforcement regime for nutrition and health claims, the consultation on labelling no and low-alcohol alternatives, the revised CBD daily limit advice, the delays to restrictions on volume price promotions, and the updated guidance on precautionary allergen labelling all have significant implications for the industry. It is crucial for companies to review their practices, make the necessary adjustments, and stay informed about further developments in order to thrive in this ever-changing landscape.


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