FoodLegal Bulletin, September 2010

Legal risks in comparative advertising Show More Info
By Joe Lederman
FoodLegal Lawyers and Consultants
© Lawmedia Pty Ltd, September 2010

There are many benefits in comparative advertising – it is a highly influential marketing technique and promotes competition by helping consumers make informed choices. However, comparative advertising also carries a high degree of legal liability risk and commercial risk. This article looks at the current state of law in Australia on comparative advertising, having regard to the Trade Practices Act, the Food Standards Code and relevant court cases.

Differing approaches by Australian States to implementing Food Safety Programs Show More Info
Under the Australia New Zealand Food Standards Code (Food Standards Code), Chapter 3 of the Code provides that a Food Safety Program is an essential element of the food safety standards of food businesses. Different State jurisdictions have implemented the requirement in a variety of ways. This article explores the approach of each State and raises issues as to their differences.

Further Food Law and Policy Developments Show More Info
Food Standards Australia New Zealand (FSANZ) has requested pubic comment regarding two proposed changes to the Food Standards Code, the first regarding the regulation of seed sprout production, and the second regarding an application to approve a new sweetener under the Code. In addition, there are numerous current developments such as in relation to proposed new fast food nutrition labelling.

Rethinking caffeine - New Zealand Food Safety Authority and Risk Profile on Caffeine Show More Info
Recently, there has been publicity and media interest about caffeinated energy beverages, particularly when consumed by young people. This comes after the New South Wales Food Authority (NSWFA) found in a survey undertaken in 2009 that over 77 per cent of energy drinks contained caffeine over the legal limit. This article considers and provides analysis on a risk profile by the New Zealand Food Safety Authority (NZFSA) about caffeine in energy drinks and energy shots.

Do Australia's biosecurity structural changes mean effective change for better or for worse? Show More Info
The regulations governing the structure of Biosecurity safeguards in Australia for imported foods and other imports, have been operating for more than 12 months. When the Biosecurity Services Group was created, it was believed by many that it would take over the functions and responsibilities of Biosecurity Australia, but also incorporate many of the functions of the Product Integrity, Animal and Plant Health (PIAPH) division of the Australian Quarantine and Inspection Service (AQIS) as well as the Quarantine and Biosecurity Policy Unit. This article discusses the effects of structural changes in Australia’s biosecurity system including further changes that have been mooted in the Beale Report recommendations and implemented since mid-2009.