Category Archives Legislation, Regulations and Standards

The U.K. Advertising Standards Authority (ASA) has upheld several complaints against Oatly UK Ltd. arguing that the company's advertisements misled consumers into believing the product is more environmentally friendly than the production processes actually are. The ads cited several statistics on the greenhouse gases generated by the dairy and livestock industries and asserted Oatly's production generated fewer emissions. ASA found that the statistics were presented in ways that consumers would be likely to misunderstand, such as the assertion that "Oatly generates 73% less CO2e vs. milk," which applied specifically to whole milk and not the broader milk category. The one complaint that was not upheld was the assertion that “If everyone in the world adopted a vegan diet, it would reduce food’s annual greenhouse emissions by 6.6bn metric tons (a 49% reduction)” because ASA found sufficient evidence to support the statement.

The U.S. Food and Drug Administration (FDA) has released a list of the draft and final guidance topics that the agency is prioritizing for 2022. The list includes guidance on allergens, cell-cultured foods, heavy metals in juice and labeling of plant-based alternatives to milk and animal-derived foods. According to a caveat in the constituent update, "Although the FDA's intent is to publish all draft and final guidance topics on the list, modifications in plans may be needed to support emerging issues and Administration priorities."

The U.S. Department of Agriculture's Agricultural Marketing Service (AMS) has proposed its regular update to the National List of Allowed and Prohibited Substances, which lists the synthetic substances allowed in the cultivation of organic products. The proposed additions are (i) low-acyl gellan gum, which is used as a thickener, and (ii) paper-based crop planting aids, which can transplant closely spaced crops. The proposal also includes a spelling change from "wood resin" to "wood rosin" because the latter term is more specific. Comments on the proposed changes will be accepted until April 4, 2022.

Several advocacy groups, including the Environmental Defense Fund, Consumer Reports and Environmental Working Group, have filed a petition with the U.S. Food and Drug Administration (FDA) "requesting that the agency remove its approvals of the use of bisphenol A [BPA] . . . because recently published scientific studies show that the exposure from those food additive uses is not safe." The groups cite a reevaluation of BPA effects conducted by the European Food Safety Authority (EFSA) and published in December 2021 that "unanimously concluded that 'there is a health concern from dietary BPA exposure for all age groups.'" "Given the magnitude of the overexposure, we request an expedited review by FDA of the food additive petition because the proposed amendments to the agency’s rule are intended to significantly increase the safety of the food supply," the petition asserts. "Not only will it dramatically decrease exposure to a toxin – BPA –…

The U.S. Food and Drug Administration (FDA) has revoked the standard of identity for French dressing following a citizen petition filed by the Association for Dressings and Sauces. The revocation finalizes a December 2020 rule that "will allow for greater innovation and more flexibility of products on the market," according to an FDA Constituent Update. "The standard of identity for French dressing characterized it as containing oil, acidifying and seasoning ingredients, and allowed additional safe and suitable ingredients," the update notes. "However, based on information submitted to the FDA, consumers appear to expect French dressing to have certain characteristics not required by the standard, such as containing tomatoes or tomato-derived ingredients."

The U.S. Food and Drug Administration (FDA) has released guidance on limiting sodium in processed and packaged foods. "Limiting certain nutrients, such as sodium, in our diets plays a crucial role in preventing diseases like hypertension and cardiovascular disease that disproportionately impact racial and ethnic minority groups; these diseases often result in hundreds of thousands of lives lost and billions in annual health care costs," the agency stated in a press release. The statement notes that "people consume 50% more sodium than recommended," and "about 70% of the sodium we eat comes from packaged, processed and restaurant foods." "[W]e recognize that most of the food consumption in the U.S. comes from a relatively small number of products and menu items in the marketplace that are produced by a limited number of food manufacturers," the guidance states. "It is possible that reformulation by these food manufacturers could lead to increased demand…

The U.S. Food and Drug Administration (FDA) has released two guidance documents on food contact substance notifications, pertaining to toxicology recommendations and administrative processes. The food contact substance notification process is "the primary means by which FDA regulates food additives that are food contact substances (FCSs)." The guidance documents define a food contact substance as "any substance that is intended for use as a component of materials used in manufacturing, packing, packaging, transporting, or holding food if the use is not intended to have any technical effect in the food," per the federal Food, Drug, and Cosmetic Act.

The U.K. Environment Agency has announced a project "to establish standardised metrics to measure environmental performance of the food and drink sector." The agency "is aiming to make it simpler for businesses and for the public to understand the environmental performance of companies in key areas such as greenhouse gas reduction and resource efficiency," according to the announcement. The agency indicated that it intends to incentivize companies to establish "greener manufacturing processes and business operations helping to tackle climate change" and positioned the project as an aid to businesses intending to "effectively communicate their environmental performance to the public."

The European Food Safety Authority (EFSA) and the European Chemicals Agency (ECHA) have begun consultations seeking scientific evaluations of glyphosate. "The classification of chemicals is based solely on the hazardous properties of a substance and does not take into account the use or likelihood of exposure to the substance," the announcement notes. "Exposure is considered as part of the risk assessment of pesticide active substances, a process led by EFSA." Glyphosate is currently approved for use the European Union until December 2022, and EFSA and ECHA anticipate finalizing their conclusions "in the second half of 2022." Comments will be accepted until November 22, 2021.

The U.S. Department of Agriculture (USDA) has announced a public meeting to receive comments on the U.S. positions for the Codex Alimentarius Committee meeting on Nutrition and Foods for Special Dietary Uses. The public meeting, which will be held October 19, 2021, will include discussions on a draft guide for ready-to-use therapeutic foods and the establishment of nutrient reference values-requirements for those aged 6-36 months.

Close