FoodLegal

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

© Lawmedia Pty Ltd, June 2025 

Food Standards Australia New Zealand (FSANZ) News

1.     FSANZ commences assessment of application A1329 for cadmium in molluscs

On 15 May 2025, FSANZ released its administrative assessment report for Application A1329: Exclusion of Blacklip Rock Oysters from the maximum level for cadmium in molluscs.

The Northern Territory Department of Agriculture and Fisheries (the applicant) is seeking to amending the Australia New Zealand Food Standards Code (Food Standards Code) to exempt Blacklip Rock Oysters (Saccostrea spathulate) from the cadmium maximum level of 2mg/kg for molluscs.

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

2.     FSANZ approves applications to amend the Food Standards Code

On 14 May 2025 FSANZ notified the Food Ministers’ Meeting of its approval of variations to the Food Standards Code arising from the following Applications and Proposal:

·        Proposal P1064 to reflect the decision of the New Zealand Government to opt out of standard 2.9.1- Infant formula products

·        Application A1279 to permit Lentinula edodes (shiitake mushroom) mycelia as a processing aid.

·        Application A1307 to permit Milk fat globule membrane as a nutritive substance in infant formula products.

·        Application A1308 to permit the use of 2′-fucosyllactose produced from a genetically modified Escherichia coli W as a nutritive substance in infant formula products.

·        Application A1310 to permit the permit the sale and use of food derived from a new food produced using gene technology: soybean line MON94637.

·        Application A1311 to permit prolyl oligopeptidase from genetically modified Trichoderma reesei to be used as a processing aid in producing brewed beverages.

The Food Ministers’ Meeting has 60 days to either request FSANZ to review one or more of its approvals or inform FSNANZ that it does not intend to request a review.

3.     FSANZ publishes amendment no. 238 to Food Standards Code

On 3 June 2025 FSANZ published amendment no. 238 to the Food Standards Code.

The amendment incorporates changes from Application A1302 to permit the sale and use of food derived from corn line MZIR260, genetically modified for protection from insect pests.

4.     FSANZ prepares Proposal M1023 2024 MRL Harmonisation Proposal

On 3 June 2025, FSANZ prepared Proposal M1023 to consider updating maximum residue limits (MRLs) for agricultural and veterinary chemicals for greater harmonisation with international limits.

FSANZ has completed an administrative assessment and will open for comment at a later date.

5.     FSANZ calls for submission on Application A1288

On 22 May 2025, FSANZ called for submissions from industry in relation to Application A1288 by IFF Australia Pty Ltd  to permit the use of the enzyme thermolysin as a processing aid. FSANZ has already completed a safety assessment and found no public health or safety concerns with the enzyme.

Submissions are open until 3 July 2025.

Australian Competition and Consumer Commission (ACCC) News

6.     Hungry Jack’s penalised for supplying children’s toys in breach of button battery standard

On 6 May 2025, Hungry Jack’s paid $150,240 in penalties arising from eight infringement notices issued by the ACCC for breaches of the mandatory button battery information standard made under the Australian Consumer Law.

According to the ACCC, toys supplied with children’s meals did not include labelling information advising consumers that the toy contained button batteries, or contain relevant warnings about the hazards of button batteries. These statements are mandatory under the button battery information standard.

7.     Businesses penalised for misleading customers over endorsement

Two separate businesses have paid penalties for making false or misleading representations about their products being endorsed by Australia’s National Disability Insurance Scheme (NDIS).

Although these cases did not involve a food business, they highlight the importance of ensuring that any product endorsement is conveyed accurately and not in a way that is misleading.

On 29 May 2025 Vorwerk Australia Pty Ltd, trading as Thermomix, paid $79,200 in penalties for making representations describing products as ‘NDIS approved’, ‘NDIS-registered product’, ‘NDIS-consumables’, ‘NDIS assistive technology’, and ‘NDIS equipment’. On 21 May 2025 bedding retailer Bedshed Franchising Pty Ltd paid $39,600 in penalties for advertising on its website and Google Ads that some of its mattresses, furniture and bedding accessories were ‘NDIS approved’ and ‘NDIS permitted’.

The NDIS does not in fact provide specific approval for goods.

8.     Reebelo pays penalties for false or alleged misleading statements

Online marketplace Reebelo Australia has paid $59,400 in penalties for allegedly making false representations regarding consumer guarantee rights. Reebelo allegedly made statements on its website purporting to limit the time period (to 14 days) that consumers could access their consumer guarantees (e.g. receiving a remedy for faulty or damaged goods, or receiving a remedy when a product is not in a condition that matches the description).

The ACCC stated that these remedies apply regardless of whether 14 days has passed since the product was received.

Although this case did not involve a food business, it highlights the importance of ensuring that terms and conditions for online sales do not seek to exclude mandatory statutory guarantees under the Australian Consumer Law.

Australian Department of Agriculture, Fisheries and Forestry (DAFF) News:

9.     Updated certification requirements for Australian exporters of salmonid products to New Zealand

On 20 May 2025, updated certification requirements for Australian exporters of salmonid products took effect. All Salmonid product exports must fall into one of four category endorsements. A category endorsement affirms that product type or category (e.g., dairy, meat, honey, or seafood) meets the import conditions of a destination country.

The category endorsements are as follows:

·        8111-Salmonid fillets or steaks

·        8112- Salmonid products commercially packaged for direct retail sale with a net content of 1.0 kg or 1.0 litre or less

·        8113- Salmonid product commercially packaged for direct retail sale with a net content of greater than 1.0 kg or 1.0 litre

·        8114- Salmonid fish product is gutted (and does not satisfy another category listed above.

Each of the above product categories requires a different health certificate.

10.  DAFF consultation on cost recovery implementation statements for various commoddities

On 6 May 2025, DAFF released an industry advice notice seeking comments on the 2025-2026 Cost Recovery Implementation Statements (CRIS) the following types of food exports:

·        fish exports

·        egg exports

·        dairy exports

·        horticulture and grain exports

CRIS provide information on how DAFF implements cost recovery in export arrangements. The costs can be recovered include costs for export permits and certification.

The 2025-26 CRIS will be implemented during July 2025 and comments closed on 18 May 2025.

Other Australian food regulatory news

11.  ABAC panel finds advertisements appeal to minors

The Alcohol Beverages Advertising Code (ABAC) adjudication panel has made the following decisions in relation to alcoholic products. Part 3 (b)(i) of the ABAC Code states that if the packaging of the product has a strong or evident appeal to minors, it is in breach of the Code.

·        On 3 April 2025, the ABAC Panel found Instagram marketing communications for Boozicles Alcoholic Ice Blocks amounted to a breach of the ABAC Code. A complaint was raised that the marketing communications appealed to minors to switch from regular ice blocks to alcoholic ice blocks. The products were found to be in breach due to the use of bright colours and packaging which was similar to other non-alcoholic icy pole style products.

·        On 12 May 2025, the ABAC adjudication panel found that a social media post made by Sapporo Premium Black Beer/Coopers Brewery was in breach of ABAC. Sapporo had made an Instagram post (and video) featuring an easter chocolate unwrapped to reveal a beer, with two wrapped chocolate eggs in the background. The complainant argued that this was a violation of the ABAC Responsible Alcohol Marketing Code. The ABAC panel upheld the complaint, finding that chocolate easter eggs had an appeal to minors and by presenting the alcoholic product wrapped as an easter egg, it suggested a strong association between the non-alcoholic product and the alcoholic product.

12.  Australian Gas Networks found to be in breach of AANA Environmental Code

On 21 May 2025, the Ad Standards Community Panel decided that an advertisement by Australian Gas Networks breached the AANA Environmental Code for not being truthful or factual. In the television advertisement (which takes place in a Masterchef kitchen setting), a reference is made that the kitchen uses renewable gas.

Ad Standards also noted that the advertisement claimed that Australian Gas Networks is taking steps towards similar renewable gas being available in any kitchen. Taking into consideration that the average consumer in the target market for this advertisement would understand that most renewable gas in kitchens is not renewable, Ad Standards concluded that the average consumer would interpret ‘renewable’ to mean gas sourced from a resource which can be replenished in a reasonable timeframe.

Whilst the actual gas could be substantiated as being renewable, the claim that Australian Gas Networks would be taking steps to renewable gas being available in any kitchen was vague and did not make it clear that the plan to fully transition to renewable gas sourced from hydrogen and biomethane would not be complete until 2050. This claim was considered vague and misleading to the average consumer, and on this basis the Ad Standards Panel concluded the advertisement was in breach of Section 1 of the AANA Environmental Code for not being truthful or factual.

13.  CSIRO recommends national food system improvements

The Australian Commonwealth Scientific and Industrial Research Organisation (CSIRO) has completed its first ever national assessment of Australia’s food system. The report, published on 2 June 2025, recommends a new management and reporting process to improve resilience for farmers and meet sustainability goals. The report recommends:

·        Treating the food system as an integrated whole, rather that a series of fragmented systems;

·        Improving accountability and responsibility across government and industry for equity and sustainability goals; and

·        Improving interactions across fragmented and isolated parts of the system (e.g. farming, policy, innovation).

New Zealand:

14.  NZ Commerce Commission highlights grocery power dynamics

On 5 June 2025 the NZ Commerce Commission identified two issues that it believes are reinforcing market power of major supermarkets in New Zealand. These include suppliers covering retailer costs, and promotional funding towards retailers.

The NZ Commerce Commission proposes to address these issues via amendments to the NZ Grocery Supply Code, which governs the relationships between large grocery retailers and their suppliers. The Commerce Commission is due to deliver its final report by the end of September 2025.

The NZ Commerce Commission has also released preliminary findings regarding the current Wholesale Supply Inquiry, and recommends:

-        Major supermarkets expand wholesale product ranges and implement systems to pass promotional funding through to their wholesale customers; and

-        Suppliers reduce reliance on promotional funding or allocate the funding across more retailers.

The NZ Commerce Commission will assess progress over the next 12 months, before deciding if regulations should be amended.

15.  NZ MPI consultation on proposed amendment to organic export requirements

On 14 May 2025, the New Zealand Ministry for Primary Industries (MPI) opened consultation on proposed changes to the Organic Export Requirement: Recognised Agencies and Persons. The proposed changes include amendments to definitions, requirements for recognition of agencies and persons and requirements for suspension of recognition.

Submissions close on 11 June 2025.

16.  NZ MPI releases operational Code on petfood processing

On 30 April 2025, the NZ MPI released a Petfood Processing Operational Code. The operational code assists petfood processors to:

a)     comply with the requirements of the Animal Products Act (APA) and related subordinate legislation

b)     produce petfood that is fit for intended purpose for consumption by pets under the APA;

c)     prevent animal material produced for petfood from entering the human food chain.

17.  NZ MPI consultation on Food Service and Food Retail Business Food Control Plan

On 13 May 2025, the NZ MPI opened consultation on proposed changes to the Simply Safe & Suitable template Food Control Plan (FCP) and the Food Notice: Food Service and Food Retail Business Food Control Plan templates.

The proposed amendments for the FCP including changing the word concerning sourcing, receiving and storing food and managing self-supply water. The proposed amendments for the Food Notice include the additional of a transitional period clause.

Submissions close on 1 June 2025.

18.  New Zealand Ad Standards Authority decision on digital marketing

On 8 May 2025, the New Zealand Ad Standards Authority (NZ ASA) found that a digital advertisement made claims which breached the NZ Therapeutic and Health Advertising Code. A complaint was filed that Phiten’s range of bracelets can be used to “help relieve and prevent the fatigue, tension, pain and inflammation associated with injury, repetitive strains, degenerative or arthritic conditions in the arms, wrists or hands.”

Under Principle 2, rule 2 (a) of the Therapeutic and Health Advertising Code, scientific consensus must support any health claims that are made. As the scientific consensus did not support the stated health claims in the digital marketing, the claims were found to be invalid and in breach of the Code.

United Kingdom

19.  UK FSA publishes advice for making ‘ocean bound plastic’ claims

On 8 May 2025 the United Kingdom Food Standards Agency (FSA) published a position paper on the use of ocean bound plastic claims on food packaging.

The FSA recommends not to use abandoned environmental plastic, including ocean bound plastic, in food packaging (this does not apply to recycled plastic from controlled environments, such as kerbside recycling). The finding is based on insufficient evidence to confirm the health and safety impacts of this type of plastic if used in food packaging.

This follows a recent Australian Federal Court decision on this issue in relation to “ocean bound plastic” claims made by Clorox. We discuss this decision in further detail in this month’s edition of FoodLegal Bulletin.

United States:

20.  Mondelez initiates proceedings against Aldi

The United States arm of Mondelez is initiating legal proceedings against Aldi. Mondelez alleges that Aldi is copying Mondelez’ packaging on its private label designs.

In Australia, the Australian Federal Court recently decided in December 2024 that Aldi had breached copyright law for substantially reproducing the designs of Hampden Holdings Baby Bellies products. You can read more about this decision in our March 2025 article.

21.  US FDA approves three naturally sourced food colours

On 9 May 2025, the US Food and Drug Administration (FDA) approved three food colours derived from natural sources. This follows the decision to phase out petroleum-based dyes. The three food colours that have been approved are:

1)     Galdieria extract blue- a blue colour derived from the unicellular red algae Galdieria sulphuraria. The colour has been approved in a range of beverages, smoothies, juices, milks, yoghurts, candy and desserts and puddings.

2)     Butterfly pea flower extract. The colour additive has been approved in sport drinks, fruit drinks, fruit and vegetable juices, alcoholic beverages, dairy drinks, teas, gums, candy, coated nuts, ice creams and yoghurt.

3)     Calcium phosphate. This is a white colour that has been approved for use in chicken products, white candy melts, doughnut sugar and sugar for coated candy.

22.  US FDA extends comment period on front of package nutrition labelling scheme

On 8 May 2025, the US FDA published a notice which extended the comment period on a proposed front-of-package nutrition labelling scheme. The proposed scheme would label the saturated fat, sodium, and added sugar content of a food as “Low,” “Med,” or “High”.

The comment period has now been extended by 60 days until 15 July 2025.

23.  US FDA commences nutrients in infant formula review and requests information

On 13 May 2025, the U.S. Department of Health and Human Services and the US FDA have collaboratively commenced a review of nutrients in infant formula.

As part of the commencement, the US FDA issued a request for information. The FDA is seeking to understand whether the latest scientific data aligns with existing nutrient requirements.

Submissions close on 10 September 2025.

24.  US FDA and US HHS issue request for information on deregulation

On 13 May 2025, the US FDA and the US Department of Health and Human Services issued a request for information to identify and eliminate outdated or unnecessary regulations in the context of food regulation.

The request is aligned with the Trump presidency mandate and executive order 14192: Unleashing Prosperity Through Deregulation. The US HHS has implemented the following policy measure in response: the 10-to-1 rule. The US HHS claims that for every new regulation which is introduced: ten regulations will be removed.

Submissions close on 12 July 2025.

25.  US MAHA Commission report links ultra processed foods and additives to chronic disease rates

On 22 May 2025, the United States Presidential Commission to Make America Healthy Again (MAHA) released a report in response to an executive order made by the White House on 13 February 2025. The commission was tasked with studying the scope of childhood chronic diseases and identify the contributing causes.

The report claims that ultra-processed foods, food additives and environmental chemicals such as endocrine disruptors are contributing to poor health in children. The positions of the White House and the HHS is likely to influence policy such as the recent restrictions imposed by the FDA on artificial colours and certain additives.

United Arab Emirates

26.  New UAE label requirements for dairy, cheese and beverages

On 1 June 2025, the Abu Dhabi Quality and Conformity Council (QCC) in the UAE will introduce a new labelling system called the “Nutrition Mark”. This will apply to cheese and beverages containing dairy products exported to, and for sale in, Abu Dhabi.

The Nutrition Mark will use a colour-coded rating system, and is intended to allow consumers to make informed healthy choices.

This is general information rather than legal advice and is current as of 10 Jun 2025. We recommend you seek legal advice for your specific circumstances before making any commercial decisions.