FoodLegal Bulletin, April 2010

FREE ARTICLE

Complaints in February 2010 against a food company for breach of the Advertising Association of National Advertisers voluntary codes of conduct have highlighted weaknesses in the enforcement powers of the Advertising Standards Board and its power to regulate on moral or social considerations.

In February 2010, ACP Magazines Ltd conducted a voluntary recall of "The Happy Baby Cookbook" due to health-related concerns that were expressed by the New South Wales Food Authority. This voluntary recall prompts our inquiry into when alternative forms of "food advertising" such as cookbooks, websites and social media carry exposure to legal liabilities under Food Act legislation in each of the various Australian State jurisdictions.

Many consumers anxious about healthier diets express a preference towards foods that appear to be less artificial and without additives. To tap into this concern, food marketers are increasingly using the descriptor “natural” on the label of a food. The legal issues concerning food companies and consumers are to determine when the use of the word “natural” is legally permissible to describe a particular product.  This article considers some of the important legal issues as well as drawing attention to recent research in consumer expectations of “natural” products.

Many companies should consider implementing a system to try and ensure that any food product can be the "healthiest" possible. One method explored in this article is to aim for the best practice through eligibility criteria and point scoring tallies. The following article is an audio visual presentation of a speech delivered at FoodLegal's Symposium on "The Future of Processed Food" held in Sydney on 23 February 2010 by Ms Megan Cobcroft, a leading corporate nutritionist.

This article explains what is meant by "Good Manufacturing Practice" (GMP), and where information can be found to allow a food company to follow a system that complies with "Good Manufacturing Practice".

This article examines a new Code of Practice that was introduced in March 2010 that is sure to impact on advertising and marketing practices for alcoholic beverages. New areas of concern such as the use of social media and the growing use of energy additive taurine are covered by the new voluntary code.

Further additional food law developments, including:

• Court decision on “what is bread?” determined for GST purposes
• Australian concerns over New Zealand apples and Chinese apples and pears contrast to WTO findings
• ACCC blocks Goodman Fielder acquisition by Cargill Australia
• Wine fraud case comes to a close
• Stricter rules on children’s marketing in the EU