FoodLegal Bulletin, April 2011

Welcome to the April 2011 issue of FoodLegal Bulletin.

1. South Australia to introduce 3 hour alcohol ban
2. Senate Select Committee established on the Australian food processing sector
3. The 6th Food and Health Dialogue discusses food reformulation
4. Sanitarium introduces its own Front of Pack Labelling system
5. Woolworths and organic retailer engaged in trademark legal battle
6. US lawsuit against Coco-Cola for “Diet Coke Plus” dismissed

This article explains why food innovation will be hampered if Nutrient Profiling Scoring Criteria are required even for making a nutrition content claim. It remains open for governments to consider creation or amendment of a food standard to target alleged misleading compositional claims for any specific food category if industry self-regulation is not adequate in conveying a sufficient and accurate preventative health message.

The Blewett Panel Report recommended a Front of Pack traffic lights labelling system. This article looks at some of the major flaws of the system and offers a solution based on an existing precedent in the Australia New Zealand Food Standards Code for a better way of comparing nutritional levels of similar foods.

Private standards in the food industry are becoming increasingly prevalent and an important source of regulation. This article considers a number of findings and recommendations made by the Blewett Panel Report on the potential of private standards in industry self-regulation and co-regulation with government and examines the interaction between private standards and government regulation.

A decision handed down by the Australian Administrative Appeals Tribunal (AAT) in favour of the Australian government to block a shipment of Red Bull caffeinated energy drinks from entry into Australia has important ramifications. This article considers the issues in further depth. 

Food sampling plays an important role in the enforcement of Australian food law and the protection of consumer safety. Consequently, a better understanding of Australia’s laws about the taking of a food sample including regulatory processes, powers of authorised officers, and legal remedies, is important for any food business to know.

Gallery of photos from the Blewett Between the Lines Symposium, held at The Menzies Hotel in Sydney on 28 March 2011.