FoodLegal

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

© Lawmedia Pty Ltd, August 2025  

Food Standards Australia New Zealand (FSANZ) News 

1.     FSANZ calls for submissions on applications to amend Food Standards Code

FSANZ has opened for submissions on the following applications:

·        Application A1292 – to permit Phospholipase C from genetically modified Bacillus lichenformis as a processing aid to degum fats and oils. Submissions close on 26 August 2025.

·        Application A1328 – to permit the use of an aminopeptidase from a genetically modified strain of Trichoderma reesei as a processing aid. Submissions close 19 August 2025.

·        Application A1333 – to permit food derived from genetically modified purple tomato lines containing event Del/Ros1-N. Submissions close 10 September 2025.

·        Application A1324 to permit the addition of 3-fucosyllactose, a human-identical milk oligosaccharide, in infant formula products. Submissions closed on 23 July 2025.

2.     FSANZ commences assessment of applications

FSANZ has completed an administrative assessment on the following applications and proposal:

·        Application A1323 – Food derived from insect-protected soybean line COR23134. The application concerned a request to amend the Food Standards Code to permit the sale and use of food derived from soybean line COR23134;

·        Application A1332 – Cross-linked polyester resins as an adsorbent processing aid in wine. Assessment has now commenced and an opportunity to comment will be available at a later date.

·        Proposal P1066 – Review of young child formula (including composition, definitions, labelling and representations). An opportunity to comment will be made available at a later date.

3.     FSANZ publishes Gazette to the Food Standards Code

On 22 July 2025, amendment no. 240 to the Australia New Zealand Food Standards Code (Food Standards Code) was published, including amendments from:

·        A1279 – Lentinula edodes (Shiitake mushroom) mycelia as a processing aid;

·        A1307 – Milk fat globule membrane as a nutritive substance in infant formula products;

·        A1308 – 2′-FL from GM Escherichia coli W in infant formula products;

·        A1310 – Food derived from insect-protected soybean line MON94637;

·        A1311 – Prolyl oligopeptidase from GM Trichoderma reesei as a processing aid; and

·        P1064 – Australian only Infant Formula Product Standard

These amendments will be incorporated into the Food Standards Code in due course.

4.     FSANZ notifies food ministers of approvals

On 3 July 2025 FSANZ notified the Food Ministers’ Meeting of its approval of the following Applications:

·        Application A1314 – Permitting small dogs and cats in aircraft cabins

·        Application A1315 – Chitosan and (1,3)-beta-glucans from white button mushrooms (Agaricus bisporus) as a food additive

The Food Ministers’ Meeting has 60 days to approve the amendments arising from the Applications, or inform FSANZ it does not intend to request a review. Food Ministers have already approved changes arising from Application A1314.

5.     Food Ministers meeting outcomes

On 25 July 2025, Australian and New Zealand food ministers held a meeting yielding the following outcomes:

·        Ministers agreed to implement Application A1314 – Permitting small dogs and cats in aircraft cabins.

·        Ministers agreed to implement Proposal P1049 (Carbohydrate and sugar claims on alcoholic beverages) and Proposal P1059 (Energy labelling on alcoholic beverages). In relation to Proposal P1049, ministers agreed to monitor evidence and stakeholder feedback five (5) years after gazettal.

·        Ministers agreed not to request a review for Proposal P1055 (Definitions for gene technology and new breeding techniques). In this August 2025 edition of FoodLegal Bulletin, we explore the implications of these changes on the regulation of genetically modified foods.

·        Ministers considered a policy paper prepared by the Food Regulation Standing Committee (FRSC), to be published shortly, regarding food sold online.

·        Ministers considered a consumer research report, to be published shortly, on the Health Star Rating (HSR) system and Nutrition Information Panel (NIP) reviews. Research indicated many people misunderstand how the HSR system works, thinking it should only be used to compare similar products.
Ministers also received an update on FSANZ’s work to assess mandating the HSR in the Food Standards Code.

·        Ministers discussed opportunities to support obesity prevention through regulation and agreed to a governance structure to implement national strategies.

Food Ministers will next meet in November 2025.

Australian Competition and Consumer Commission (ACCC) News 

6.     Webjet to pay penalties for misleading pricing

On 28 July 2025, the Australian Federal Court ordered flight booking site Webjet to pay $9 million in penalties for making false or misleading statements between 2018 and 2023 in breach of the Australian Consumer Law.

Although this case did not involve a food business, it demonstrates the need to display open, transparent and accurate pricing, especially when selling online.

Webjet admitted that it had made false or misleading statements regarding the price of flights and booking confirmations by advertising airfares that excluded compulsory fees. These statements were made on Webjet’s website, social media posts, and promotional emails. The ACCC investigation commenced after a consumer complained that an airfare described as “from $18” actually cost three times that amount once compulsory costs were added. These compulsory costs included “Webjet servicing fee” and “booking price guarantee”.

These fees represented 36% of Webjet’s revenue between 1 November 2018 and 13 November 2023.

7.     ACCC launches action against sunscreen brands for alleged greenwashing

On 1 July 2025, the ACCC launched proceedings in the Australian Federal Court against Edgewell Personal Care Australia Pty Ltd and its US-based parent company. The ACCC is alleging that Edgewell made false or misleading claims on its Hawaiian Tropic and Banana Boat sunscreen products, namely that they were ‘reef friendly’.

In this August 2025 edition of FoodLegal Bulletin, we analyse the details of this case and explore the lessons for businesses in marketing product sustainability.

8.     ACCC issues infringement notice to major retailers for misleading ‘sitewide’ discounts³ 

On 11 June 2025, the ACCC issued one infringement notice each to Michael Hill, MyHouse and Hairhouse Online.

Although this case did not involve a food business, it demonstrates the need to ensure consumers are not misled when displaying online sales.

The infringement notices related to allegations of misleading sale advertisements during 2024 Black Friday sales. The ACCC considered claims of ‘sitewide’ discounts misleading if there were products in store that were not part of the online sale or were not discounted. The allegedly misleading claims made included: 

·      ‘Member Event 25% off Sitewide’ — Michael Hill 

·      ‘Black Friday Up to 60% Off Sitewide + EXTRA 20% off’ — MyHouse 

·      ‘SAVE 20% to 50% SITEWIDE’ — Hairhouse Online 

Each penalty notice was for an amount of $19,800.  

9.     Cash Converters and Mobile Travel Agents pays penalty for breaching franchising code of conduct

On 26 June 2025, the ACCC announced Cash Converters Pty Ltd and Mobile Travel Agents Pty Ltd have each paid a $16,500 penalty for allegedly breaching the Franchising Code of Conduct. This follows the issuing of infringement notices by the ACCC.

Although the businesses involved were not food businesses, all franchisors (including food franchisors) must ensure that they meet their obligations under the mandatory Franchising Code of Conduct.

The ACCC alleges that both parties failed to meet their obligation to annually update or confirm franchisor information on the Franchise Disclosure Register, which is registered by the Franchising Code of Conduct.

10.  ACCC fines business $19,800 for ‘drip pricing’ practices

On 25 June 2025, following an infringement noticed issue by the ACCC, Dendy Cinema Pty Ltd has paid a $19,800 penalty.

Although this case did not involve a food business, it demonstrates that failing to display a final upfront price for a product may be misleading.

The ACCC alleged that the cinema failed to prominently display the total price of tickets it sold, a practice known as ‘drip pricing’. The ACCC alleged that Dendy failed to display a total single price for tickets, including an unavoidable ‘per ticket booking fee’, at the earliest opportunity in the booking process. The ACCC alleges that Dendy did not display a total price for tickets until consumers reached the final stage of an online transaction.

It should be noted that an ACCC enforcement priority for 2025-2026 is misleading surcharging prices and other add on costs.

11.  ACCC issues warning to consumers about ‘ghost stores’

On 3 July 2025, the ACCC released a statement warning consumers about 'ghost stores’. Specifically, four websites who misrepresented themselves as local businesses. The ACCC alleges that these store operators harmed consumers by falsely representing they are local Australian businesses selling high-quality clothing and are on the brink of closing down. Meanwhile, in reality, they are based overseas, are not closing down, and are drop-shipping low quality products.

Although the websites concerned were selling clothing, food businesses should take care not to misrepresent the origin of their products or where their stores are located, especially if they sell online.

Other Australian food regulatory news 

12.  DAFF updates market access for beef products from Canada, Mexico and the United States

On 29 July 2025 DAFF released its final risk review for fresh (chilled or frozen) beef and beef products born and raised in Mexico or Canada, and legally imported and slaughtered in the United States. The report recommends expanding market access to allow these products in Australia.

In making its assessment, DAFF commented that the United States Department of Agriculture (USDA) protocols for importing bovines from Canada or Mexico contain vigorous controls that address Australia’s biosecurity concerns.

DAFF has now updated Australia’s Biosecurity Import Conditions Database (BICON), specifically the ‘unretorted meat’ case, to permit beef products from both the United States and Canada.

13.  Foot and Mouth Disease (FMD) and Lumpy Skin Disease (LSD) updates

The Australian Department of Agriculture, Fisheries and Forestry (DAFF) has issued the following updates in relation to the Foot and Mouth Disease (FMD) and Lumpy Skin Disease (LSD) status of import and export markets:

·        On 16 June 2025, DAFF officially recognised Germany as free from Foot and Mouth Disease (FMD) following a technical evaluation and biosecurity risk assessment. Importers may now import goods containing (or derived from) FMD-susceptible species, so long as it is not manufactured or exported between 14 November 2024 through to 14 April 2025. Products manufactured or exported during this period may require a detailed risk assessment in order to import and sell within Australia.

·        On 23 June and 30 June 2025, DAFF was notified of outbreaks of Lumpy Skin Disease (LSD) in Italy and France respectively. Italy is being considered not free from FMD with an effective date of 6 March 2025. Italy and France have subsequently been removed from DAFF’s LSD-free country list and list of countries approved for bovine fluids and tissues.

·        Switzerland has introduced a vaccination program on 19 July 2025 to help combat LSD. As a result, DAFF no longer recognises Switzerland to be free from LSD without vaccination.

Businesses importing dairy products (and foods containing dairy as an ingredient) that have been made or processed in one or more of these countries should review whether they are affected.

FoodLegal can provide detailed advice for businesses impacted by these developments.

14.  Australia free from High-Pathogenicity Avian Influenza

On 11 July 2025, DAFF announced that Australia has self-declared as being free from High-Pathogenicity Avian Influenza (HPAI), effective from 13 July 2025.

Trading partners may continue to impose restrictions and certification requirements, including in regard to eggs and egg products.

15.  Updated requirements for guava fruit imported to Australia from Taiwan

On 15 July 2025, DAFF released a draft report on biosecurity import requirements for Guava fruit from Taiwan. The draft report is being issued for a public consultation period, which will close on 13 September 2025.

16.  New risk analysis for peaches and nectarines imported to Australia from Japan

On 19 June 2025, DAFF announced the commencement of a risk analysis regarding a market access request for peaches and nectarines from Japan.

A preliminary assessment of the pests associated with these fruits has identified the potential pests of biosecurity concern are the same as those previously assessed on horticultural goods for which risk management measures exist (e.g. beetles, fruit flies, spider mites and moths).

DAFF expects to release a draft report for public consultation in early 2026.

17.  Applications for persimmons exported to Thailand

On 24 June 2025, DAFF opened applications for farms and packhouses in Queensland to export persimmons to Thailand for 2026.

Managers must submit a completed application by 5.00pm 1 September 2025.

18.  Industry notice for Grain exported to China

On 11 June 2025, DAFF released an Industry Advice Notice (IAN) notifying exporters of grain products and horticulture products to China. The IAN informs that new certificate templates are required for horticulture and grain product request-for-permits in China.  

19.  Publication of EU country risk rating for EU Deforestation Regulation

On 5 June 2025, DAFF informed Australian exporters of cattle, skins and hides, cocoa, coffee, palm oil, soya and wood to the European Union of the publishing of country risk ratings by the European Union.

The advice in in relation to the European Union Deforestation Regulation (EUDR), which establishes a country benchmarking system applying a deforestation risk rating to each country. In turn, the rating determines the inspection rate at the border of EU member states. As of 30 June 2025, Australia has been categorised as low-risk.

The EUDR is intended to apply from 20 December 2025 to large EU businesses and 30 June 2026 to smaller EU businesses, however the proposed laws still face numerous challenges and objections, including from European nations.

20.  Nicotine vaping regulation changes effective July 2025

On 1 July 2025, product standards for therapeutic vaping goods for smoking cessation and nicotine dependence came into effect.

Pharmacies must only supply vaping products meeting these strengthened product standards. Furthermore, any products not meeting the new standards will be removed from the notified vaping product overseen by the Therapeutic Goods Administration (TGA).

As at the date of this article (August 2025), the TGA has not yet received any application from a vape sponsor for inclusion in the Australian Register of Therapeutic Goods (ATRG).

21.  TGA reviewing sunscreen controls and ingredients

On 8 July 2025, the TGA recommended additional safeguards for two ingredients and a sunscreen ingredient by-product, following a review into Australian sunscreen ingredients.

The review proposes that some products containing homosalate and oxybenzone as active ingredients, as well as a degradant (benzophenone) be reformulated for safety reasons. The TGA has opened these as proposed amendments to the Poisons Standard for comment, closing 12 August 2025. The consultation will assist the TGA in determining suitable and safe use levels of ingredients in sunscreen.

The TGA has announced it is reviewing a report by consumer group CHOICE claiming that sunscreens do not meet their Sun Protection Factor (SPF) ratings. The TGA has commented that they are considering regulatory action.

22.  TGA consults on Vitamin B in Poisons Standard

On 26 July 2025 the TGA sought submissions on proposed amendments to the Poisons Standard, including an interim decision to reduce the maximum Vitamin B level to 50 mg per recommended daily dose.

Under the proposal, general retail products containing more than 50 mg but less than 200 mg of vitamin B6 would become pharmacist only medicines (under Schedule 3).

Submissions closed 27 July 2025.

23.  Food contact packaging PFAS ban comes into effect

On 1 July 2025, new restrictions under Australia’s industrial chemicals framework came into effect to prohibit the import, manufacture and use of three PFAS chemicals:

·        PFOS (perfluorooctane sulfonate);

·        PFOA (perfluorooctanoic acid); and

·        PFHxS (perfluorohexane sulfonate).

There are several exemptions to the prohibition, including for chemicals used for therapeutic purposes. FoodLegal can advise impacted businesses.

24.  APVMA opens consultation on sulfoxaflor in faba beans

On 10 July 2025, the Australian Pesticides and Veterinary Medicines Authority (APVMA) sought comment on the use of sulfoxaflor in Transform WG Isoclast Insecticide for use on faba beans.

Submissions are open until 7 August 2025.

New Zealand:

25.  New Zealand competition regulator takes action against retailers

On 15 July 2025, the NZ Commerce Commission initiated proceedings against retailers Foodstuffs North Island Limited and Gilmours Wholesale Limited for alleged cartel conduct. Cartel conduct, which is prohibited under the NZ Commerce Act, is when two or more businesses agree not to compete with each other.

On 24 June 2025 the NZ Commerce Commission also issued Foodstuffs North Island Limited a warning for a likely breach section 19 of the Grocery Industry Competition Act 2023. According to the warning letter, the NZ Commerce Commission believes that Foodstuffs breached its obligation, under the NZ Grocery Supply Code, to deal with suppliers in good faith.

26.  NZ Commerce Commission takes action against misleading pricing

On 21 July 2025, the NZ Commerce Commission initiated proceedings against electronics retailer Noel Leeming for alleged multiple breaches of the NZ Fair Trading Act. According to the NZ Commerce Commission, Noel Leeming’s ‘Price Promise’ price matching service has many limitations or conditions not obvious to consumers, which made obtaining price matches difficult.

The NZ Commerce Commission alleges this amounted to misleading or deceptive conduct.

Europe: 

27.  Swedish Food agency presents an opinion on the novel food status of Bacillus coagulan

On 3 June 2025, a novel consultation proposing the use of Bacillus coagulans to be added as an ingredient to fresh greens (such as lettuce leaves) was submitted to the Swedish Food Agency. Specifically, the proposal submitted an intention to add Bacillus coagulans in a liquid form diluted in water or in a powder form during processing and prior to packaging.

Initially, the Swedish Food Agency considered there was no history of consumption as there was no data showing Bacillus coagulans being added as an intentional ingredient in food. The agency considered that natural co-existence of the bacteria on foods cannot be regarded as history of consumption. Therefore, it was considered to be a novel food.

On 20 June 2025, the EU Commission updated the novel food catalogue to indicate that Bacillus coagulans was not now ‘not novel’ when used in food supplements’.

United Kingdom: 

28.  UK FSA updates advice on risk of glycerol in slush ice drink      

On 18 June 2025, the UK Food Standards Agency (UK FSA) published updated advice recommending that children under the age of seven should not consume slush ice drinks containing glycerol. When consumed at high levels, glycerol can cause very low blood sugar levels and cause unconsciousness in young children. Businesses are also advised to only add glycerol to the minimum quantity technically necessary to achieve the slush effect. 

On 17 July 2025, the UK FSA provided a further update that children aged 7 to 10 should have no more than one 350ml ‘slushie’ drink per day. The UK FSA has requested retailers to support the advice by not offering free refills to children aged under 10.

United States: 

29.  FDA consultation on a new method for ranking chemicals in the food supply

On 18 June 2025, the US Food and Drug Administration (US FDA) proposed a new method for ranking chemicals in post-market assessments and is inviting comment. The proposed method uses a multi-criteria decision analysis (MCDA) to determine a score for each chemical. The method is similar to the method used by the US Environmental Protection Agency. Based on the criteria, a chemical would receive the highest score if: 

• The chemical may produce severe health effects (e.g., cancer, cardiovascular toxicity); 
• Dietary exposure to the chemical has increased over time; 
• The chemical is found in food intended for vulnerable subpopulations (e.g., infants); and 
• Newly available data which contradicts or significantly impacts the conclusions of the previous assessment of the chemical.  

Submissions closed on 18 July 2025.

30.  US FDA releases final industry guidance on conducting remote regulatory assessments

On 26 June 2025, the US FDA released the final guidance for industry titled Conducting Remote Regulatory Assessments Questions and Answers. The guidance explains the FDA approach to remote regulatory assessments (RRAs) for FDA-regulated products. An RRA involves the FDA examining an FDA establishment to ensure compliance with FDA requirements. The final guidance includes new updates and changes to:

·        Distinguish between voluntary and mandatory RRA requests

·        Clarifying conditions under which live data access by the FDA can occur

·        Clarifying mechanisms under which the FDA conducts electronic records reviews

31.  US FDA releases new tool for toxicity screening of food chemicals

On 30 July 2025, the US FDA released an expanded decision tree tool (EDT) to evaluate chemical safety based on chemical structure and estimated toxicity. The FDA previously released the EDT for external peer review following submission to the FDA in March 2024 and intends to incorporate the EDT into its future risk assessment of new chemicals.

The FDA considers the following information when assessing the safety of an ingredient or food contact substance:

·       Safety data, including whether the substance is safe at calculated exposure levels

·       Information on substance identity and its chemical structure

·        The extent of expected substance exposure based on expected use and level in food.

32.  US FDA releases 2025 human foods program guidance

On 30 June 2025, the US FDA released its proposed 2025 guidance agenda for its Human Foods Program. The new topics and guidelines include:

·        Draft guidance for industry: Action Level for Opiate Alkaloids on Poppy Seeds

·        Draft guidance for industry concerning food Colours derived from natural sources

·        New guidance for industry concerning dietary ingredient notifications and related issues

33.  US Congress re-introduces bill to require FDA to periodically reassess food chemicals

On 10 July 2025, the US Congress reintroduced a bill proposing the Food Chemical Reassessment Act of 2025. This would require the US FDA to reevaluate the safety of chemicals such as generally-recognised-as-safe (GRAS) chemicals, as well as food dyes and food substances, on a 3-year basis.

The bill would require a new Office of Food Chemical Safety, Dietary Supplements and Innovation under the FDA’s Human Foods Program to evaluate the safety of at least a ‘combination of 10 of the following substances’:

·        Food Additives

·        Colour additives

·        GRAS substances

·        Prior-sanctioned substances

·        Food contact substances

34.  US FDA to remove 52 standards of identity for food products

On 16 July 2025, the US FDA announced that it is revoking 52 standards of identity for food products that it considers are obsolete. The food product categories include canned fruits and vegetables, baked goods, dairy products, macaroni products and others.

Standards of identity are ‘recipe standards’ that prescribe the composition as well as production processes behind certain foods. However, the FDA contends that due to advances in food science and agriculture, out-of-date standards of identity no longer serve their purpose as consumer protections.

This is general information rather than legal advice and is current as of 5 Aug 2025. We recommend you seek legal advice for your specific circumstances before making any commercial decisions.