FoodLegal

A round-up of developments in food regulation in Australia and around the world, as at October 2020.

This article reviews the current status of the scientific findings on mycotoxins and their health effects for consumers of different foods, as well as discussing more recent findings on new and emerging mycotoxins and new analytical testing methods; and considers the regulatory framework for mycotoxins in the Codex Alimentarius as well as the regulatory deficiencies in this area not only in the Australia New Zealand Food Standards Code but also other regulatory aspects such as cereal and other production systems and the need for better uniform standards and regulations throughout Australia.

On 18 September 2020 the Australian Federal Department of Health issued a new piece of legislation with the effect of regulating some “sports supplement” products as medicines under the Therapeutic Goods Act. This legislation could have significant impacts for food businesses currently selling sport and exercise products as foods. This article addresses the scope of the new laws and how they may impact product formulation and claims.

This article sets out the current state of events regarding the pending legal action by McD Asia Pacific LLC (McDonalds) against Hungry Jack’s. We delve into the key legal arguments, and what food businesses need to consider as key takeaway components when dealing with potential infringements of Australian trade marks.