
Foreword (December 2020-January 2021) By Joe Lederman (FoodLegal Chairperson), John Thisgaard and Jenny Awad (FoodLegal Bulletin Co-Editors) Welcome to the December 2020-January 2021 bumper edition of FoodLegal Bulletin! 1. Final tickets left for Clean Labelling Workshop FoodLegal is running the final session of its Clean Labelling Workshop Tuesday 2 February 2021. This Workshop looks at how labelling requirements can be interpreted, applied and circumnavigated to present the cleanest image of your product. The half-day Workshop will run from 9am-1pm Australian Eastern Standard Daylight Savings Time. Limited tickets remain. Click here to register. 2. Trending Claims 2021 FoodLegal is running its Trending Claims workshop on Tuesday 16 February 2021. This Workshop will guide you through the latest Court precedents and regulatory enforcement actions that impact trending food product claims. Click here to register. The following articles feature in this December 2020-January 2021 bumper edition of FoodLegal Bulletin Our FREE article “Current developments in food law and policy in Australia and elsewhere” provides this month’s update on new regulatory developments and scientific developments that impact food producers and suppliers, beginning with Australia, but also internationally. Our second FREE article “What are the laws on repurposing or reclaiming recalled foods?” explores the laws governing the reusage of foods that have been the subject of a food recall in Australia. Our third FREE article “Is the TGA undermining the food industry’s confidence in its own compliance?”, FoodLegal Principal Charles Fisher addresses how a new law regulating “sports supplements” as therapeutic goods disrupts the regulatory divide between foods and therapeutic goods and creates new regulatory issues for food businesses. Our article “Probiotics and prebiotics: What are the regulatory considerations for such food claims in Australia?” addresses the different regulatory considerations when making claims to market the presence of probiotics and prebiotics in food. Our article “The marketing of ‘sustainability’ attributes and claims, and the legal risks” considers the various legal risks and opportunities which exist in the context of food products and environmental claims. Our article “Packaging sustainability and Australian laws” explores the opportunities and various legal frameworks that apply to the use of sustainable packaging itself, as well as product stewardship, product recycling and product decomposition claims that highlight sustainability-related aspects of the packaging. Our article “Retailer policies on sustainability, a current analysis of Australian requirements” addresses the rise of sustainability issues in retailer corporate social responsibility policies, and highlights some of the regulatory and contractual considerations for retailers and private label suppliers. Our article “Case study: November 2020 ACCC action against “Made in Australia” claims on frozen imported fish fillets processed in Australia” explores the reasons for the ACCC’s action and provides insights into the ACCC’s latest country of origin enforcement priorities. We hope you enjoy this December 2020-January 2021 bumper edition of FoodLegal Bulletin! Joe Lederman, John Thisgaard and Jenny Awad Editors FoodLegal Bulletin This is general information rather than legal advice and is current as of 14 Dec 2020. We therefore recommend you seek legal advice for your particular circumstances if you want to rely on advice or information to be a basis for any commercial decision-making by you or your business.

Foreword (December 2020-January 2021)

By Joe Lederman (FoodLegal Chairperson), John Thisgaard and Jenny Awad (FoodLegal Bulletin Co-Editors)

Welcome to the December 2020-January 2021 bumper edition of FoodLegal Bulletin!

1. Final tickets left for Clean Labelling Workshop

FoodLegal is running the final session of its Clean Labelling Workshop Tuesday 2 February 2021. This Workshop looks at how labelling requirements can be interpreted, applied and circumnavigated to present the cleanest image of your product.

The half-day Workshop will run from 9am-1pm Australian Eastern Standard Daylight Savings Time. Limited tickets remain.

Click here to register.

2. Trending Claims 2021

FoodLegal is running its Trending Claims workshop on Tuesday 16 February 2021. This Workshop will guide you through the latest Court precedents and regulatory enforcement actions that impact trending food product claims.

Click here to register.

The following articles feature in this December 2020-January 2021 bumper edition of FoodLegal Bulletin

Our FREE article “Current developments in food law and policy in Australia and elsewhere” provides this month’s update on new regulatory developments and scientific developments that impact food producers and suppliers, beginning with Australia, but also internationally.

Our second FREE article “What are the laws on repurposing or reclaiming recalled foods?” explores the laws governing the reusage of foods that have been the subject of a food recall in Australia.

Our third FREE article “Is the TGA undermining the food industry’s confidence in its own compliance?”, FoodLegal Principal Charles Fisher addresses how a new law regulating “sports supplements” as therapeutic goods disrupts the regulatory divide between foods and therapeutic goods and creates new regulatory issues for food businesses.

Our article “Probiotics and prebiotics: What are the regulatory considerations for such food claims in Australia?” addresses the different regulatory considerations when making claims to market the presence of probiotics and prebiotics in food.

Our article “The marketing of ‘sustainability’ attributes and claims, and the legal risks” considers the various legal risks and opportunities which exist in the context of food products and environmental claims.

Our article “Packaging sustainability and Australian laws” explores the opportunities and various legal frameworks that apply to the use of sustainable packaging itself, as well as product stewardship, product recycling and product decomposition claims that highlight sustainability-related aspects of the packaging.

Our article “Retailer policies on sustainability, a current analysis of Australian requirements” addresses the rise of sustainability issues in retailer corporate social responsibility policies, and highlights some of the regulatory and contractual considerations for retailers and private label suppliers.

Our article “Case study: November 2020 ACCC action against “Made in Australia” claims on frozen imported fish fillets processed in Australia” explores the reasons for the ACCC’s action and provides insights into the ACCC’s latest country of origin enforcement priorities.

We hope you enjoy this December 2020-January 2021 bumper edition of FoodLegal Bulletin!

Joe Lederman, John Thisgaard and Jenny Awad

Editors
FoodLegal Bulletin

This is general information rather than legal advice and is current as of 14 Dec 2020. We therefore recommend you seek legal advice for your particular circumstances if you want to rely on advice or information to be a basis for any commercial decision-making by you or your business.