The food and drink sector is constantly evolving, with regulations and rules changing at a rapid pace. In this quarterly regulatory update, we highlight the most significant recent developments in the industry and provide insights into upcoming changes. From proposed reforms to the enforcement of nutrition and health claims to consultations on the labelling of no and low alcohol alternatives, these updates have far-reaching implications for businesses in the sector. Additionally, we discuss the Food Standards Agency’s revised advice on CBD daily limits and the delay in restrictions on volume price promotions. Finally, we explore the importance of updated technical guidance on precautionary allergen labelling. Let’s dive into the details.
Nutrition and health claims – proposed changes to enforcement regime:
Proposed improvement notices regime aims to enhance enforcement of nutrition and health claims
The government is considering reforming the enforcement procedure for nutrition and health claims regulation in England. The proposed improvement notices regime would align this legislation with the enforcement provisions of other food regulations. Currently, the enforcement of nutrition and health claims is solely through criminal prosecution, which can be costly and time-consuming. This often deters enforcement authorities from pursuing cases, resulting in businesses using unauthorized claims without facing meaningful sanctions. The proposed improvement notice regime offers a low-resource enforcement approach, encouraging businesses to make necessary changes. While subject to consultation, it is highly likely that these changes will be implemented, with businesses given a three-month preparation period.
Consultation on the labelling of no and low alcohol alternatives:
Government seeks views on updating labelling guidance for alcohol substitutes
The government has launched 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 options, including changing the threshold for labeling a product as “alcohol-free,” recommending the use of “non-alcoholic” for drinks associated with alcoholic beverages, displaying alcoholic content on labels, and introducing age restriction warnings for no and low alcohol drinks. The consultation period ends in November 2023, and subsequent regulations may be imposed based on the responses received.
FSA revises CBD daily limit advice:
Food Standards Agency lowers daily limit for CBD consumption
The Food Standards Agency (FSA) has revised its advice on the daily limit for CBD consumption, reducing it from 70mg to 10mg per day. While the FSA states that there is no acute safety risk associated with higher doses, there are concerns about potential long-term health problems. CBD, derived from cannabis without psychoactive properties, is found in various products such as oils, confectionery, and drinks. The FSA’s advice has implications for products currently on the market that exceed the revised limit. Retailer Holland & Barrett, for example, temporarily removed 31 CBD products that exceeded the new limit. The FSA advises consumers to check labels and consider their daily intake in light of the updated advice.
Delays to restrictions on volume price promotions including free drink refills:
Implementation of volume price promotion restrictions delayed by two years
The Food (Promotion and Placement) (England) (Amendment) Regulations 2023 will delay the implementation of restrictions on volume price promotions, including free drink refills, by two years. Originally scheduled to come into force in October 2023, these regulations aim to limit the marketing of less healthy foods and drinks. The delay will provide businesses with additional time to focus on making food more affordable amidst the current cost of living crisis. Products with promotional information included on the packaging will benefit from a 12-month transitional period once the restrictions are in force.
Precautionary allergen labelling – updated technical guidance published:
Updated guidance aims to provide clearer information on allergen presence
Food businesses are required to indicate whether any of the 14 allergens listed in the Food Information for Consumers Regulations are deliberately included in their products. Additionally, businesses may voluntarily provide information about the unintentional presence of allergens through precautionary allergen labelling. However, contradictory and misleading information has led to fatal consequences. In response, the Food Standards Agency (FSA) has published updated technical guidance to support food businesses in providing compliant and consistent voluntary information to consumers. The guidance emphasizes the importance of applying precautionary allergen labels only when there is an unavoidable risk of cross-contamination. It also clarifies that terms such as “may contain” should not be used alongside “free from” statements. Adhering to this guidance will help businesses avoid misleading consumers and ensure they have the necessary information to make informed decisions about the food they consume.
Conclusion:
The food and drink sector is undergoing significant regulatory changes, from proposed reforms to the enforcement of nutrition and health claims to revised advice on CBD daily limits. The industry must adapt to these developments and prepare for upcoming changes. Consultations on the labelling of no and low alcohol alternatives and the delay in volume price promotion restrictions provide opportunities for businesses to contribute to the shaping of future regulations. Additionally, the updated technical guidance on precautionary allergen labelling aims to improve consumer safety by providing clearer information. As the sector continues to evolve, businesses must stay informed and ensure compliance with the latest regulations to thrive in an increasingly complex landscape.
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