The U.K. Advertising Standards Authority (ASA) has upheld a complaint alleging that PepsiCo International Ltd. t/a Naked Juice made antioxidant health claims on its website that were unauthorized by the EU Register of Nutrition and Health Claims for Foods (the EU Register). According to ASA, Naked Juice argued that health claim guidance issued by the European Commission failed to establish whether the term “antioxidant” “was a specific health claim or a non-specific, general health claim.” As a result, the company considered that the term was a non-specific, general health claim, “and it was therefore permissible to use it, provided it was accompanied by a specific health claim which was authorized on the EU Register” – in this case, specific claims about the Vitamin C contents of the “Green Machine” and “Mango Machine” smoothies singled out in the complaint. But ASA disagreed with this reasoning, ultimately concluding that both the commission’s…
Category Archives Europe
The European Commission (EC) has published legislation listing the 10 smoke flavoring primary products authorized for use in food. According to Smoke Flavoring Regulation EC No. 2065/2003, these primary products include smoke condensates and tar fractions that can be used directly on foods such as meat and fish to impart a smoky flavor or in the production of derived smoke flavorings, which are then added to a variety of foods and sauces. Reflecting input from the European Food Safety Authority, the Commission’s latest list describes the maximum permitted level for each primary product and the foods to which they can be added. “When authorized smoke flavorings are used in or on food, their use must be in accordance with the conditions of use, including maximum levels, set in the Annex to this Regulation. When authorized smoke flavorings are used in combination, the individual levels should be reduced proportionally,” concludes the…
The European Commission (EC) recently proposed two draft directives that would prohibit the cloning of farm animals in the European Union (EU) as well as the importation of cloned animals. Designed to address animal welfare concerns and provide “legal certainty in this field,” the first directive would temporarily ban cloning techniques and the sale of live animal and embryo clones for commercial purposes, while the second directive would ensure that “food such as meat or milk from animal clones is not placed on the EU market.” At the same time, the Commission has also proposed revising current regulations to centralize the novel food authorization procedure at the EU level “with a view to improving access of new and innovative food to the EU market, while still maintaining a high level of consumer protection.” Under these revised rules, the European Food Safety Authority would perform the risk assessment for the novel…
The European Commission (EC) has published a report titled “Origin labelling for meat used as an ingredient: consumers’ attitude, feasibility of possible scenarios and impacts” that provides an overview of the potential consequences of mandatory origin labeling of meat used as an ingredient in food. Based on an independent study completed in July 2013, the report explores three scenarios: (i) maintaining current voluntary origin labeling; (ii) introducing mandatory labeling for EU/non-EU or EU/specific third country indication; and (iii) introducing mandatory labeling indicating the specific EU member state or the specific third country. Among other things, the findings revealed that (i) overall there is “strong” consumer interest in origin labeling; (ii) a considerable difference exists among European Union (EU) member states on consumer preferences and understanding of origin information as well as on the levels of motivation and reasons for wishing to have such information; and (iii) consumer interest for origin…
The European Food Safety Authority’s (EFSA’s) Panel on Food Additives and Nutrient Sources Added to Food (ANS) has published its full risk assessment on aspartame, concluding that the food additive is safe at current levels of exposure. In addition to noting that aspartame’s breakdown products— phenylalanine, methanol and aspartic acid—occur naturally in other foods, EFSA’s experts found that aspartame’s acceptable daily intake (ADI) of 40 mg/kg bw/day “is protective for the general population,” with the exception of those individuals with phenylketonuria, a medical condition that necessitates a diet low in phenylalanine. At the request of the European Commission, the ANS Panel analyzed “all available information” in an effort to resolve uncertainties related to the re-evaluation of aspartame as a food additive. In particular, the panel’s final scientific opinion assessed both human and animal studies submitted in response to public calls for data; previous evaluations; and additional literature that became available during…
The U.K. Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment (COT) has released a December 2013 position paper on the purported health effects of aspartame, which is currently being reviewed by the European Food Safety Authority as part of its re-evaluation of all food additives. Commissioned by the U.K. Food Standards Agency (FSA), the paper apparently analyzes a double-blind randomized crossover study conducted by University of Hull York Medical School researchers, who asked 50 participants with self-diagnosed adverse reactions to aspartame to consume a snack bar without knowing whether it contained the substance in question. Based on the study’s findings, which compared the responses of these participants to a control group, COT has concluded that “the results presented did not indicate any need for action to protect the health of public.” The committee will release the full minutes of its discussion once the study has been…
The European Parliament’s Environment, Public Health and Food Safety Committee has approved a draft report of legislation that calls for stronger policing of the food industry and tougher penalties for fraud. With an aim to strengthen procedures for detection and prevention of fraudulent practices in the European food chain, the legislation calls for, among other things, (i) a clear, European Union (EU)-wide definition of the term “food fraud”; (ii) enhancements to the Food and Veterinary Office’s role and resources in food-fraud cases; (iii) legal obligations for food business operators to report fraudulent behavior; (iv) a “more policing approach” by enforcement bodies; (v) fines of “at least double the amount of the economic advances sought”; and (vi) the forfeiture of registrations for repeat offenders. The report noted that olive oil, fish, organic foods, milk, and grains are the top five products most at risk of food fraud in the EU. …
The U.K. Advertising Standards Agency (ASA) has upheld a complaint claiming that a TV advertisement with a “prices may vary” disclaimer was misleading because the complainant was unable to purchase the product for the stated price. Created by Kentucky Fried Chicken (Great Britain) Ltd. (KFC), the commercial in question indicated that families could “save a fiver” by purchasing “the new KFC Family Burger Box,” instead of buying the components a la carte. On-screen text apparently clarified, “Item[] shown £20.51 if bought individually. Prices may vary.” According to ASA, Kentucky Fried Chicken explained that the phrase “prices may vary” “referred to both the a la carte menu pricing of individual items, the price of the Family Burger Box and the exact saving made between those two prices.” To convey this information, the company chose the text “prices may vary” rather than “price may vary” “to be clear that this referred to…
The European Food Safety Authority (EFSA) has issued a statement finding that a published review of observational studies ultimately failed to establish a causal relationship between high intakes of phosphate additives in food and increased cardiovascular risk in the general population. In addition to considering the data on the association between serum phosphate levels and cardiovascular disease, the review in question apparently proposed a mechanism by which the metabolism of inorganic phosphate could contribute to vascular calcification, in the process suggesting that “intake of phosphate as a food additive, especially through consumption of processed and ready-to-eat food, is of particular concern.” Additional details about the review, which was initially published in the January 2012 edition of Deutsches Ärzteblatt International, appear in Issue 428 of this Update. After assessing these findings at the request of the European Commission, EFSA concluded that (i) the limitations of the observational studies included in the…
The U.S. Food and Drug Administration (FDA) has issued draft guidance for the food industry “to help growers, manufacturers and food service operators take steps to reduce levels of acrylamide in certain foods.” A chemical formed in some foods during high-temperature cooking, acrylamide has been characterized by the National Toxicology Program as “reasonably anticipated to be a human carcinogen.” Suggesting “a range of possible approaches to acrylamide reduction,” the draft guidance stops short of identifying a specific maximum level or action level for acrylamide, but includes recommendations for potato-based foods, cereal-based foods and other products. To reduce acrylamide formation during the cooking process, the draft guidance addresses what types of raw ingredients to use; how to transport, handle, store, and process ingredients; and how to prepare both fresh and par-cooked ingredients. In particular, FDA recommends, among other things, that the food industry (i) use certain kinds of potatoes and grains,…
