FoodLegal Bulletin, April, 2008

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On 10 April 2008, Food Standards Australia New Zealand released the long awaited Final Assessment Report for Proposal P293 which is aimed at introducing a new Standard 1.2.7 which will set out requirements for health claims, nutrition claims and related claims such as cause related marketing, dietary information and endorsements.

FoodLegal provides expert commentary and analysis on the latest changes to the last draft of the proposed Nutrition, Health and Related Claims Standard 1.2.7. In this article, we highlight the following issues that signify important differences from the previous draft of the proposed new Standard 1.2.7:

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The following article appears on the basis of an Undertaking given to the ACCC by Natur-all Pty Ltd for publication and distribution via the FoodLegal Bulletin as a compliance requirement of the Undertaking (the law firm FoodLegal negotiated the Undertaking with the ACCC on behalf of Natur-all Pty Ltd which had not previously been a client of FoodLegal):

Natur-all Pty Ltd announces changes to the names of its “Go Natural Apricot Pieces in Yoghurt” and “Go Natural Berry Pieces in Yoghurt” products to address the concerns of the ACCC.

On 28 March 2008, Food Standards Australia New Zealand (FSANZ) released the administrative assessment of FSANZ Proposal P1003 – Mandatory Iodine Fortification for Australia. The deadline for public submissions on this proposal is 6pm (Canberra time) 20 May 2008. The First Assessment Report on Proposal P1003 was released on 22 April 2008. While this consultative process continues in Australia, FSANZ Proposal P230 was gazetted for New Zealand to move ahead and introduce mandatory fortification in salt for bread in New Zealand.

This article considers some of the key issues regarding mandatory fortification of food. When FSANZ adopts mandatory fortification of any ingredient in any food, it dictates compositional requirements in food and it removes the decision from manufacturers and consumers to choose whether they want that ingredient in that food. It also can be said to involve ‘medicinalisation’ of the food supply with all the legal ramifications for the health impacts which are entailed.

FSANZ recently completed a review of cyclamate permissions in a range of foods including beverages and tabletop sweeteners. The result seems to be a compromise by FSANZ but does it really benefit anyone?

The latest developments in food law including:

• Victorian Government to reduce food regulatory burdens
• Update in the fight over the colour purple
• Organic Standard to be finalised by the end of the year
• Full Federal Court hands down decision relating to the patentability of a sweetener blend