When re-categorisation of a food-like product as a non-food product may permit a stronger Country of Origin claim to be made

The recent Australian Federal Court decision in the Nature’s Care Fish Oil Case further clarified the definition of ‘substantial transformation’ in deciding whether a fish oil capsule could be labelled as ‘made in Australia’. One of the potential consequences of the decision in this case is the possibility for a better country of origin claim to be made when a product is classified as a ‘non-food’ product, and therefore, no longer being required to comply with the Country of Origin Food Labelling Information Standard 2016. This article looks into this issue.

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