FoodLegal

By Joe Lederman and John Thisgaard (FoodLegal Co-Principals)   

© Lawmedia Pty Ltd, December 2025   

1.     Australian government to introduce ban on ‘price gouging’ by grocery retailers/supermarkets

On 14 December 2025 the Australian federal government announced that it would introduce laws to ban so-called ‘price gouging’ by grocery retailers/supermarkets.

Under the ban, grocery retailers above a certain revenue threshold would be prohibited from charging prices that are ‘excessive’ when compared to the cost of supply plus a reasonable margin.

The ban is expected to be legislated in 2026 and will apply from 1 July 2026. FoodLegal will in the meantime be providing further information. Watch our ongoing news on this subject.

Food Standards Australia New Zealand (FSANZ) News

2.     Food Ministers Meeting outcomes

On 14 November 2025, Australian and New Zealand Ministers responsible for food regulation met to discuss various aspects of food regulation and policy. Key outcomes include:

·        Digital labelling – FSANZ, in conjunction with the Food Regulation Standing Committee (FRSC), agreed to develop a framework for digital labelling in 2026.

·        Egg food safety – ministers endorsed the updated Primary Production and Processing for Eggs and Egg Products Standard (for Australia only) and agreed to an 18-month transition period (see also item 4 below).

·        FSANZ updated ministers on its Proposal P1066 (Review of young child formula) in addition to Health Star Rating (HSR) system uptake, to inform future regulatory development. Ministers endorsed FSANZ’s Draft 2030 roadmap for the next 5 years.

·        HiMO – Food ministers noted the completion of a 5-year review for permission to add human-identical milk oligosaccharides (HiMO), concluding these substances play a beneficial role in growth and development of infants. The review will be published on the FSANZ website at a later date.

3.     FSANZ rejects Application A1294 - Moringa oleifera as a novel food

On 11 December 2025 FSANZ rejected application A1294 by Noosa Organica Pty Ltd which sought to permit the use of moringa oleifera as a novel food.

According to FSANZ, the application contained insufficient information to demonstrate safety of the ingredient.

4.     FSANZ calls for submissions on Application A1304 for processing aid from Bacillus licheniformis

On 11 December 2025 FSANZ called for submissions from industry in relation to Application A1304 by Novozymes Australia Pty Ltd to permit endo-1,4-beta-xylanase from a genetically modified strain of Bacillus lichenformis to be used as a processing aid in the production of distilled alcohol and starch and gluten fractions.

Submissions are due by 29 January 2026.

5.     FSANZ gazettes Food Standards Code amendments

On 4 December 2025, FSANZ gazetted the following amendments arising from the following Applications and Proposals:

·        Proposal P1060: Egg Food Safety and Primary Production Requirements, which will apply with an 18-month transition period

·        Application A1288: To permit the use of the enzyme processing aid thermolysin from Anoxybacillus caldiproteolyticus Rokko

6.     FSANZ commences assessment of Application 1338 - Triacylglycerol lipase as a processing aid

On 4 December 2025 FSANZ commenced its assessment of Application A1338 by Chr. Hansen Pty Ltd to permit a specific source of permit triacylglycerol lipase as a processing aid in dairy and dairy analogue products.

The triacylglycerol lipase that is the subject of the Application is sourced from Komagataella phaffii containing the enzyme gene from Yarrowia lipolytica.

FSANZ will announce an opportunity to comment at a later date.

7.     FSANZ commences assessment of Application A1342 - Beta-casein protein preparation (BCPP1) from GM Komagataella phaffii

On 25 November 2025 FSANZ commenced its assessment of Application A1342 by Eden Brew Pty Ltd to permit the use of a beta-casein protein preparation (BCPP1) from Komagataella phaffii as a genetically modified ingredient for use in a wide range of foods.

FSANZ will announce an opportunity to comment at a later date.

8.     FSANZ approves amendments from Applications

On 10 November 2025 FSANZ approved draft amendments to the Australia New Zealand Food Standards Code (Food Standards Code) arising from the following Applications:

·        A1324 – 3-fucosyllactose as a nutritive substance in infant formula products

·        A1333 – Food derived from purple tomato lines containing event Del/Ros1-N

FSANZ has notified the Food Ministers’ Meeting of its approval. Food ministers have 60 days to request FSANZ to review its approval or inform FSANZ they do not intend to request a review.

9.     FSANZ releases consultation paper on 2026-2027 Cost Recovery Arrangements

On 13 November 2025, FSANZ has released a consultation paper on 2026-2027 Cost Recovery Arrangements. FSANZ is proposing no changes to application fees, and the consultation paper seeks feedback on broader cost recovery arrangements.

Submissions close on 15 February 2026.

Australian Competition and Consumer Commission (ACCC) news:

10.  Soft plastics scheme approved by ACCC

On 12 November 2025, the ACCC granted an eight-year authorisation to Soft Plastic Stewardship Australia (SPSA) and its industry members to operate a soft plastics collection and recycling scheme.

The scheme, developed by industry stakeholders such as Woolworths, Coles, Aldi, Nestle, Mars and McCormick Foods, aims to increase collection and recycling of soft plastics from consumers (e.g. shopping bags and food wrappers).

The ACCC authorisation is subject to a number of legal conditions which SPSA must comply with.

11.  Australian Federal Court orders Google to pay $55 million in penalties for engaging in anti-competitive conduct

On 2 December 2025, the Australian Federal Court ordered Google Asia Pacific to pay AUD$55 million in penalties for engaging in anti-competitive conduct. This concerned Google’s actions in reaching understandings with telecommunication providers Telstra and Optus about pre-installing Google Search on Android mobile phones, in contravention of the Competition and Consumer Act 2010 (Cth).

The understandings made between Google, Telstra and Optus required Telstra and Optus to only pre-install Google Search on Android phones they sold and not other search engines. These understandings occurred between December 2019 and March 2021. Google admitted it had engaged in anticompetitive conduct that had the likely effect of substantially lessening competition.

In addition to $55 million in penalties awarded by the Court, Google also provided the ACCC with a court-enforceable undertaking whereby it committed to removing pre-installation and default search engine restrictions from Google’s contracts.

Department of Agriculture, Fisheries and Forestry (DAFF) news:

12.  Industry Advice Notice on blueberry exports to Vietnam

On 1 December 2025, DAFF released an Industry Advice Notice (IAN) for Australian blueberry exporters regarding blueberry exports to Vietnam. The IAN advises that applications are open for farms and packhouses as well as register treatment facilities to export blueberries to Vietnam for the 2026-2027 season.

Registration applications must be completed by 7 January 2026 and crop monitors must complete the training and assessment by 23 January 2026.

13.  DAFF releases guidelines for evaluating overseas testing programs for prawn exports to Australia

On 27 November 2025, DAFF published guidelines for Australian importers concerning uncooked prawn imports to Australia. Prior to exporting uncooked prawns to Australia, exporting nations must complete pre-export testing programs. The guidelines are designed to ensure compliance with Australia’s biosecurity measures.

The standard import conditions for uncooked prawns are as follows:

·        The prawns must be processed, with the head and shell removed.

·        They must be frozen and deveined.

·       Each batch is subject to testing for white spot syndrome virus and yellow head virus genotype 1.

14.  African Swine Fever Outbreak in Spain

On 10 December 2025, the Department of Agriculture, Fisheries and Forestry (DAFF) advised of an outbreak of African Swine Fever in Spain. DAFF is reviewing the impact on import conditions for pet food, stock feed, laboratory goods containing porcine tissues, veterinary and human therapeutic products.

Products manufactured after 27 October 2025 may not be permitted into Australia.

Other Australian regulatory news

15.  WA amends liquor laws

The Western Australian state parliament has passed liquor law reforms into law, to permit (not an exhaustive list):

·        Alcohol to be served in specific settings, without needing to purchase a meal, on certain public holidays (including Christmas Day and Good Friday);

·        Use of digital ID checks;

·        Larger capacity limits for small bars; and

·        Spirit producers to produce a wider range of products (e.g. RTD seltzers).

The reforms came into effect on 13 December 2025.

16.  APVMA and NZFS sign trans-Tasman agreement

On 24 November 2025 the Australian Pesticides and Veterinary Medicines Authority (APVMA) signed an agreement with New Zealand Food Safety (NZFS) to the effect that Australia and New Zealand will share responsibility for product assessments. Under the agreement, the two agencies will join product assessment resources, including staff cross-training to increase efficiency of regulatory processes.

17.  APVMA suspension of products containing dimethoate for use on berries

On 11 November 2025, the APVMA suspended the product registration and label approval of chemical products containing dimethoate for use on blueberries, raspberries and blackberries. Dimethoate is a widely used pesticide. There is no other regulatory action being undertaken for other chemicals used on blueberries, raspberries and blackberries.

During this suspension period, the APVMA has allowed a controlled use to allow for product registration holders to apply to vary their registration to incorporate a 14-day harvest withholding period. This means that 14 days must elapse after the use of the product (i.e. spraying on crops) prior to harvesting. The APVMA is also enabling product registration holders to vary their registration to remove the use of the product on those berries entirely, which will mean the product is no longer suspended.

18.  TGA notice of final decision to amend the Poisons Standard for Vitamin B6 regulation

On 25 November 2025, the Therapeutic Goods Administration (TGA) confirmed its interim decision to amend the current Poisons Standard in relation to pyridoxine, pyridoxal or pyridoxamine (vitamin B6).

The TGA considered 21 public submissions made at an earlier stage and decided to amend schedule 4 and create a new entry in schedule 3. The most important change is that there will be greater regulation of products that contain vitamin B6. Products with low doses of vitamin B6 will continue to be available without prescription. However, higher dosage products will require a doctor’s prescription, based on dosage:

·        Oral preparations containing 50 mg or less per recommended daily dose will continue to be available for general retail sale without prescription.

·        Oral preparations containing more than 50 mg but not more than 200 mg per recommended daily dose will be available over the counter with the advice of a pharmacist.

·        Oral preparations containing more than 200 mg per recommended daily dose will continue to require a prescription.

The proposed change does not impact food products that are permitted to contain vitamin B6 under the Food Standards Code.

The changes will be implemented in the Poisons Standard on 1 June 2027.

International food regulatory news

New Zealand

19.  NZ to trial digital labelling

In December 2025, the New Zealand Ministry for Primary Industries (MPI) announced a proposal to trial digital labelling for certain imported foods sold via retail.

Under the proposal, specified retailers would be exempt from being required to bear all information on packaging. Under the trial, consumers must be provided with all information that would be provided on a physical label. The information would still need to be consistent with what would be provided on a physical label.

The NZ MPI states the trial is intended to ascertain whether it is feasible to create a future compliance pathway for use of digital labelling. Submissions close 19 December 2025.

20.  NZ MPI proposed animal products notice

On 11 November 2025, the New Zealand MPI announced a review of New Zealand’s inspection and examination requirements for exported meat from cattle, sheep, goats and deer. Through this review, NZ has developed 2 draft notices:

·        Animal Products Notice: Specified Meat for Export with Official Assurance

·        Animal Products Notice: Official Assessors.

NZ MPI is consulting on the draft notices. Submissions close on 23 January 2026.

21.  NZ government to amend NZ Fair Trading Act to increase maximum penalties against businesses

During November 2025, the New Zealand government announced that it intends to introduce legislation that will increase the maximum penalties for businesses that breach the Fair Trading Act. The Fair Trading Act regulates business practices and includes a prohibition on misleading conduct.

Under the proposed amendments, the maximum penalty for businesses breaching the Act will increase from NZ$600,000 to NZ$5 million, the highest of 3 times the value of the commercial gain or the value of the transactions.  

The maximum penalty for individuals breaching the Act will also increase from NZ$200,000 to NZ$1,000,000. The maximum penalty for breaching management bans will also increase from NZ$60,000 to NZ$200,000.

22.  NZ Ad Standards decision on digital environmental marketing

On 20 October 2025, New Zealand Ad Standards Authority (ASA) considered a complaint concerning a website advertised for Glass Guard’s Miracle Mould Removal Gel. The Gel contained a heading “Eco Friendly” as well as a description stating “Environmentally Friendly. The gel uses fewer chemicals, making it a safer and more environmentally friendly way to keep your home clean”. The complainant argued that the product was not environmentally friendly because it contains bleach.

After the complaint was made, the advertiser had amended their advertisement in the following way:

·        Removed the phrase “Environmentally Friendly” and any similar references from their website

·        Undertaken not to reuse the previous wording or make environmental references without appropriate substantiation

The NZ ASA Chair ruled that the complaint was settled.

23.  NZ Ad Standards releases updated Therapeutic and Health Advertising Code

On 4 December 2025, NZ ASA released an updated version of the NZ Therapeutic and Health Advertising Code, following consultations with industry and other stakeholders. Key changes include:

·        Extending the concept of vulnerability to include mental and physical wellbeing and other circumstances, for the aim of protecting vulnerable audiences; and

·        Additional guidance for testimonials and endorsements

The new rules will take effect for new advertising on 1 April 2026, and for all advertising on 1 July 2026.

United Kingdom (UK)

24.  UK Government releases annual report on pesticide residues in food

On 20 November 2025, the UK government released a report on pesticide residues in food. The UK government aims to set maximum residue levels that are “strict” to protect consumers. The report found that 97.93% of tested food complied with legal limits for pesticides.

The food was sampled from a range of retail, wholesale, port, processor factor and distribution depots.

25.  UK FSA publishes first UK safety guidance on cell-cultivated products

On 5 December 2025, the UK Food Standards Agency (FSA) in conjunction with the Food Standards Scotland (FSS) has published the UK’s first safety guidance on cell-cultivated products.

The document includes guidance on applying the hygiene regulations to cell-cultivated products. The guidance refers to regulation such as Annex 1 to Regulation (EC) 853/2004. The guidance explains in detail how Hazard Analysis and Critical Control Point (HACCP) principles apply to cell-cultivated products.

European Union (EU)

26.  French court rejects complaint against ‘natural mineral water’ claims

In November 2025, a French court rejected a case brought by a consumer advocacy group which alleged that Perrier (a Nestle-owned brand) had engaged in deceptive marketing by representing its sparkling mineral water as ‘natural’. The consumer group argued that the product could not be considered ‘natural’ mineral water due to its use of microfiltration.

Microfiltration is a form of water treatment where membranes are used to separate contaminants such as bacteria and other microorganisms. On that basis, it was argued that the treatment rendered the water no longer ‘natural’, as well as potential health risks arising from a filtration process yet to be fully approved by authorities. The consumer group advocated for a recall of all bottles of the sparkling mineral water product.

The Court ruled against the request, deciding that there was insufficient evidence of an urgent health risk.

United States (USA)

27.  California implements legislation requiring allergens on menus

During October 2025, California passed legislation requiring restaurant chains with 20 or more locations to disclose major food allergens on all menus. This includes both digital and physical menus. This legislation makes California the first US state to implement such allergen statement disclosures.

There are 9 major allergens that restaurants must identify:

·        Milk

·        Eggs

·        Fish

·        Shellfish

·        Tree nuts

·        Peanuts

·        Wheat

·        Soybeans

·        Sesame

The menu labelling requirements will come into effect on 1 July 2026.

28.  US food businesses initiate proceedings against warning labels

On 10 December 2025, US Food Dive reported that a coalition of food and beverage groups initiated legal proceedings seeking to invalidate a law of the State of Texas requiring warning labels for dyes and 44 other ingredients commonly used in food production. The law is due to come into effect in January 2027.

The coalition, which includes large multinational companies such as Kraft Heinz and Coca Cola, argues that the law is confusing and adds to consumer costs because these substances have been studied for safety in the US.

This is general information rather than legal advice and is current as of 16 Dec 2025. We recommend you seek legal advice for your specific circumstances before making any commercial decisions.