FoodLegal Bulletin, September, 2007

Confusing FSANZ responses to food additive issues FREE Show More Info
FREE ARTICLE!
Two recent events have raised concerns over the laws governing certain food additives and ingredients to foods in Australia. We comment on each issue.

Food Industry confusion over Inulin and other Nutritive Substances following the Nutricia Court Proceedings FREE Show More Info
FREE ARTICLE!
The New South Wales Food Authority recently brought Food Act proceedings against food manufacturer Nutricia for breach of the Australia New Zealand Food Standards Code. An injunction was later granted to Nutricia to stop the New South Wales Food Authority from requiring a mandatory recall of all affected Nutricia products. The case highlights the confusion in the food industry about the difference between a ‘food’ and a ‘nutritive substance’. This article of 1,500 words explains the legal significance for food suppliers and marketers and looks at the approaches taken by different regulatory bodies in interpreting the definition of a ‘nutritive substance’ under the Australia New Zealand Food Standards Code.

Farmers and Suppliers getting market advantage from tighter conditions - Collective strategies versus competition law Show More Info
FEATURE ARTICLE!
Joining forces with other companies, individuals or groups negotiating on similar contracts may get a better deal, yet care needs to be taken to avoid illegality under the Trade Practices Act. This article of 2,700 words outlines some of the rules imposed by Australia’s competition laws and what can be done to ensure a collective bargaining arrangement will not be regarded as illegal anti-competitive conduct.

Legal Issues in Marketing Fruits and Vegetables Show More Info
In the Biblical narrative from Genesis, the Snake convinced Eve, and Eve convinced Adam, to eat a fruit from the Tree of Life in the Garden of Eden. The analogy may not be quite apt, but food marketers nowadays are trying to convey the message of the benefit of eating fruits and vegetables. This 1,100 word article provides an overview of some of the key legal issues to consider when marketing fruits and vegetables.

What's in a name? More legal arguments on the use of Geographical indications for Wine Show More Info
On 10 August 2007, the Full Court of the Federal Court of Australia handed down a decision in a dispute between two wine regions in the north eastern Victoria. This article of 1,700 words looks at the decision and considers the issues such as criteria and boundaries to establish geographical indications for wine.

Can Ice Cream really be low fat? Show More Info
“Low fat”, “reduced fat”, “low energy”, “sugar-free”. How legal are these claims? Are they always legal? Many food companies use such claims to promote their foods to achieve a marketing edge, even for foods traditionally high in fat such as ice cream. Yet, there are inherent limitations on such claims for certain foods under the Australia New Zealand Food Standards Code. This article of 900 words highlights legal inconsistencies resulting from the prescriptive legal definition of a particular food. This article questions the pros and cons of prescriptive definitions.

Food Law Updates Show More Info
Recent developments in food law include:

1.    Cheesecakes and Queensland Measurement Law;
2.    Obesity Policy Update; and
3.    Dairy Restrictions and China