Food law | UK Regulatory Outlook November 2024

Autumn Budget 2024

On 30 October, the UK chancellor, Rachel Reeves, delivered the Autumn Budget which contained a number of announcements relevant to food law. This includes that the Food Standards Agency (FSA) will receive £116.0 million in 2025-26 to continue delivering an effective food regulatory scheme, representing a growth rate of 2.7% from 2023-24 to 2025-26. With this increase in funding, we may see the FSA make further progress in regulatory developments in 2025, such as novel food approval.

Investigation into mustard products contaminated with peanuts draws to a close

The Food Standards Agency has provided an update on the recent investigation into mustard products contaminated with peanuts (see this Regulatory Outlook). The statement confirms that all necessary food safety measures have been put in place and affected products have been removed from sale.

Businesses are still advised to check whether they still have any affected products listed and, if so, to take necessary actions. Businesses should also sign up to the FSA's allergy alerts to keep informed of any future product recalls and take action if required. 

European Court overturns ban on aloe vera preparations

On 13 November 2024, the European Court handed down a judgment in favour of Aloe Vera of Europe BV, a company that sells aloe vera-based products, including beverages made from the inner jelly of aloe vera leaves. The case was brought against the European Commission after it adopted Regulation (EU) 2021/468, which banned the use of "preparations from the leaf of Aloe species containing hydroxyanthracene derivatives (HADs)" in foods. This ban was based on concerns raised by the European Food Safety Authority (EFSA) about the potential genotoxic (DNA-damaging) and carcinogenic (cancer-causing) properties of HADs.

Aloe Vera of Europe BV challenged the regulation, arguing that there was no clear scientific evidence proving the harmful effects of aloe vera inner leaf gel. They also claimed that the Commission had not established a safe level of HADs and had relied on insufficient evidence regarding the harmful effects of specific HADs (aloin A and aloin B). Additionally, the company argued that the regulation was adopted through an improper procedure and that it unfairly imposed a total ban on aloe vera preparations, violating principles of fairness and proportionality.

The court reviewed whether the Commission had followed the rules set out in Regulation No 1925/2006, which requires identifying a harmful health effect and establishing a risk threshold before banning a substance. The court found that the Commission had not set a safe level for HADs and had banned all aloe vera leaf preparations containing HADs, regardless of the amount. As a result, the court concluded that the Commission's decision did not comply with the necessary legal requirements.

Consequently, the court annulled the part of Regulation (EU) 2021/468 that prohibited "preparations from the leaf of Aloe species containing hydroxyanthracene derivatives."

This case highlights the need for a clear scientific basis and risk thresholds when regulating substances in food products and may impact the way in which other botanicals are assessed by the EFSA and the Commission in future.

Wales pulls out of UK-wide Deposit Return Scheme

Please see Products.