FoodLegal

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

© Lawmedia Pty Ltd, November 2025  

Food Standards Australia New Zealand (FSANZ) News

1.     FSANZ opens further consultation on caffeine review

On 31 October 2025, FSANZ opened a second round of consultation on Proposal P1056 – Caffeine review. This follows a previous round of submissions on a draft variation held between March and April 2025.

Substantial amendments were made to the draft FSANZ proposal following the first round of submissions. Proposed amendments now include express permissions to use caffeine in additional product categories, but also additional restrictions on some high-caffeine ingredients such as guarana extract.

FoodLegal can support food businesses interested in making a submission.

Submissions are due by 12 December 2025.

2.     FRSC opens consultation for online sales of food

On 3 November 2025, the Food Regulation Standing Committee (FRSC) launched a consultation period its policy guideline for pre-packaged food sold online. A policy guideline is not a regulatory requirement, but will impact how regulations will develop.

The FRSC will also utilise the stakeholder feedback for ongoing work regarding commercial foods for infants and young children.

Consultation closes 12 December 2025.

3.     FSANZ calls for submissions on nutrition information position paper

On 3 November 2025, FSANZ published a preliminary position paper as part of its work on potential updates to Nutrition Information Panel (NIP) labelling requirements. The position of FSANZ in this paper is that the Food Standards Code does not require updating, as the NIP meets its intended purpose and evidence supports its effectiveness.

Stakeholder feedback on the position paper may be provided until 30 November 2025.

This work is separate to ongoing work by FSANZ regarding NIP requirements for alcoholic beverages and food sold online.

4.     FSANZ calls for submissions on Proposal P1065 – Food Standards Code Revision

On 6 November 2025 FSANZ called for submissions from industry with respect to Proposal P1065 to make various miscellaneous amendments to the Australia New Zealand Food Standards Code (Food Standards Code).

The most significant proposed amendments under Proposal P1065 will introduce a new compositional fat requirement for Special Medical Purpose Products for infants. This requirement was intended to be introduced as part of Proposal P1028 (approved in June 2024) but was inadvertently omitted from the amending instrument at that time. Other amendments relate to typographical errors and formatting issues.

Submissions are due by 4 December 2025.

5.     FSANZ approves amendments to Food Standards Code

On 29 October 2025 FSANZ approved amendments to the Food Standards Code arising from the following Applications:

·        Application A1324 – 3-fucosyllactose as a nutritive substance in infant formula products

·        Application A1333 – Food derived from purple tomato lines containing event Del/Ros1-N

FSANZ has notified the Food Ministers’ Meeting of its approval. The Food Ministers’ meeting has 60 days to either request FSANZ to review its decision or inform FSANZ that it does not intend to request a review.

6.     FSANZ commences assessment of Application A1341 – Cell-cultured duck

On 16 October 2025 FSANZ commenced its review of Application A1341 by Suprême SAS (Gourmey) to permit cell-cultured duck (Anas platyrhynchos domesticus) biomass as a food ingredient for use in duck meat analogues such as foie gras and pate.

This application follows a recent separate approval by FSANZ for cell-cultured quail. Gourmey has previously obtained approval for a cultivated meat product in Singapore.

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

7.     FSANZ calls for comment on Application A1334 – GM 2′-FL in infant formula products

On 21 October 2025 FSANZ called for submissions from industry in relation to Applciation A1334 by Cataya Bio (Shanghai) Company Limited to permit 2′-Fucosullactose from GM Corynebacterium glutamicum in infant formula products. 2’-FL is a non-digestible carbohydrate naturally-occurring in human milk.

Submissions are due by 18 November 2025.

8.     FSANZ conducts national sprout recall

On 7 November 2025, FSANZ announced a national recall of various Parilla Fresh alfafa sprout products. The recall, which was initiated due the potential salmonella contamination, affects products with use by dates up to and including 20 November 2025.

9.     FSANZ publishes amendment to Food Standards Code

On 28 October 2028 FSANZ published amendment No. 245 to the Food Standards Code by way of gazettal.

The amendment incorporates changes arising from Application A1318 to permit the use of Steviol glycosides produced by enzymatic conversion, using enzymes produced by genetically-modified Escherichia coli BL21.

10.  FSANZ opens consultation on costs recovery for 2026-27

On 1 November 2025, FSANZ opened for consultation on cost recovery arrangements for applications to amend the Food Standards Code. A 4.5% increase was applied in 2025-26, however no further changes are proposed for 2026-27.

Submissions are due by 15 February 2026.

Australian Competition and Consumer Commission (ACCC) News 

11.  ACCC initiates proceedings against Microsoft for allegedly misleading conduct

On 27 October 2025, the ACCC initiated proceedings in the Australian Federal Court against Microsoft Australia for allegedly engaging in misleading conduct (prohibited under the Australian Consumer Law).

Although this case does not concern a food businesses, it demonstrates the importance of communicating changes to pricing and service offerings to consumers in a way that is not misleading.

The ACCC alleges that Microsoft represented mandatory price increases for customers on its Microsoft 365 Personal and Family plans (using the Personal plan as an example, the increase was about 45 per cent – from $109 to $159 per year), as a result of the integration of Microsoft Copilot artificial intelligence software.

Allegedly, Microsoft failed to communicate to consumers that they had the option of ‘cancelling’ their subscription and then subscribe to a “Classic” subscription which did not include Microsoft Copilot. The ACCC alleges that approximately 2.7 million Microsoft consumers were denied the opportunity to make informed decisions, and would have opted for the (cheaper) Classic plan if they knew of its existence.

The ACCC is seeking penalties, injunctions, declarations, consumer compensation and costs.

12.  ACCC to conduct Black Friday sweep

On 10 November 2025, the ACCC announced it would conduct a sweep of online sites to identify misleading or deceptive sales or advertisements. The ACCC will focus on:

·        Misleading time representations;

·        Claims of store/site-wide sales, when in fact exclusions apply;

·        Attempts to limit sales through fine print;

·        Non-prominent display of “up to” text (e.g. “up to X% off”); and

·        Misleading strikethrough pricing representations (‘was/now’).

Any food business conducting a Black Friday sale ought to assess whether its online representations about that sale are misleading or deceptive.

Department of Agriculture, Fisheries and Forestry (DAFF) news

13.  DAFF introduces standard permit for confectionery

On 30 October 2025, DAFF introduced a new standard permit requirement to import confectionery for human consumption in BICON. The new permit requirements will apply to goods that contain ingredients requiring an import permit.

FoodLegal can assist food businesses with import requirements for confectionery or other goods.

14.  DAFF consults on proposed remake of sunsetting biosecurity instruments

On 27 October 2025, DAFF launched consultation on a suite of biosecurity instruments which are intended to replace various regulations which will ‘sunset’ (cease to operate) on 1 October 2026.

DAFF is proposing to create four new instruments as follows:

Consultation, which closes 5 December 2025, will consider the following proposed changes:

-        De-regulating and removing a variety of unnecessary functions and thresholds;

-        Expanding some functions and thresholds to increase abilities and powers to manage biosecurity risk; and

-        Technical and administrative amendments.

15.  DAFF updates export certificate templates

DAFF has updated the following export certificate templates for export of food to the European Union:

-        Fish and fish products: New certificate templates EUFXA3 and EUFXA4 are available for finfish, crustaceans, cephalopod molluscs, and their products.

-        Milk and milk products: EUEXH1 certificate template has been updated with regulatory references and other editorial information.

16.  Hong Kong and Sri Lanka remove poultry import suspensions

On 24 October 2025, DAFF announced that Hong Kong had removed all import suspensions on poultry and poultry products from Australia. This follows Australia’s declaration to the World Organisation for Animal Health (WOAH) in June 2025 that Australia is free from high pathogenicity avian influenza virus (HPAI).

Certification for poultry and table eggs are now available for Australian products for export to Hong Kong that were produced on or after 13 October 2025.

Separately, DAFF announced on 5 November 2025 that Sri Lanka’s Department of Animal Production and Health has confirmed Australian poultry products are permitted in Sri Lanka so long as they comply with existing requirements.

17.  DAFF notifies industry of Lumpy Skin Disease (LSD) outbreak in Spain

On 14 October 2025, DAFF published an industry notice regarding an outbreak of LSD in Catalonia, Spain. The outbreak, which was reported by the Spanish Government on 4 October 2025, resulted in Spain being removed from DAFF’s LSD-free country list and list of countries approved for bovine fluids and tissues (with an effective date of 6 August 2025).

This will impact the following goods:

-        Laboratory goods containing bovine fluids or tissues originating from, manufactured in or exported from Spain;

-        Laboratory goods that reference the list of countries approved for bovine fluids and tissues;

-        Bovine reproductive material sourced from Spain; and

-        Veterinary therapeutics containing or derived from bovine material from Spain.

18.  DAFF market access advice for blueberry exports to Vietnam

On 10 October 2025, DAFF published a notice to advise industry of new protocols and requirements for exporting blueberries to Vietnam. The main development is that there is a new protocol in relation to Vietnam’s granting of market access for Australian fresh blueberries (Vaccinium corymbosum).

Key requirements which fall under the protocol include:

·        Farms, packhouses and treatment facilities must be accredited or registered with DAFF prior to export.

·        Crop monitors must complete the online module training and assessment through DAFF’s LearnHub by 31 October 2025.

The protocol requirements can only be accessed in full by a registered Micor Plants user. The protocol will be available on Micor from 13 October 2025 onwards.

19.  DAFF releases biosecurity advice on Malaysian processing of Australian prawns

On 6 November 2025, DAFF completed an evaluation of Malaysia’s biosecurity protocols for processing Australian-origin prawns in Malaysia and exported back to Australia.

DAFF concluded that Malaysia has sufficient and appropriate systems to manage the biosecurity risks, and no changes to the current process are required. Import permits for prawns must still be managed through BICON.

20.  DAFF updates mangosteen import conditions

On 24 October 2025 DAFF updated the import conditions (found in DAFF’s BICON system) for fresh mangosteen fruit from Indonesia. The conditions now include an enhanced systems approach pathway as an alternative to existing methyl bromide fumigation methods.

The update came in response to Indonesia’s request for Australia to consider alternate phytosanitary methods.

Other Australian regulatory news

21.  ACNF releases new Record of Views

The Advisory Committee on Novel Foods (ACNF) has released its updated Record of Views for Novel Foods, including opinions on the use of:

•           Green tree ants (viewed as not novel);

•           Lion's mane (viewed as novel when in fresh form);

•           Mopane worms (viewed as novel in whole dried form); and

•           Mycoprotein biomass from Neurospora crassa (viewed as novel).

FoodLegal can assist businesses intending to use any of these substances in food.

22.  NSWFA succeeds in proceedings for incorrect labelling

On 31 October 2025, the NSW Supreme Court delivered judgment in favour of the New South Wales Food Authority (NSWFA) in an action against Inside Out Nutritious Goods, for supplying incorrectly labelled bottles of almond and oat milks. Inside Out plead guilty to the charges brought by NSWFA, and the main issue before the Court was the penalty to be applied.

The product range (comprising of 3 collagen and calcium milk products) was recalled in February 2023 due to incorrect storage instructions being printed on pack. The product should have declared on the label that it must be refrigerated at all times, whereas it merely stated “Once opened, keep refrigerated and consume within 5 days”.

The court fined Inside Out $10,000 for nine (9) offences and $30,000 for the second offence, totalling $120,000. Inside Out was also ordered to pay the NSWFA’s costs and publish a corrective advertisement in the Australian Institute of Food Science and Technology’s Food Australia Journal.

23.  TGA updates social media compliance guidance

On 5 November 2025, the Australian Therapeutic Goods Administration (TGA) updated its online guidance material for social media advertising of therapeutic goods. The TGA is attempting to address the recent increase in unlawful advertising on social media, including promotion of prescription-only medicines.

24.  AANA releases discussion paper on Code of Ethics

In October 2025, the Australian Association of National Advertisers (AANA) published a discussion paper on its Code of Ethics. The Code of Ethics is reviewed by the AANA every five (5) years, and aims to ensure community standards regarding issues such as discrimination, violence, health and safety are accurately reflected.

The AANA is seeking comments on the discussion paper. Submissions close 16 January 2026.

25.  APVMA seeks comments on proposed chemical permissions

The Australian Pesticides and Veterinary Medicines Authority (APVMA) has opened for consultation on use of the following chemicals:

-        Eluracat (a flavoured oral solution for cats), containing capromorelin tartrate as an active constituent. Submissions close 25 November 2025;

-        Cyprodinil, for use on barley. Submissions close 14 November 2025;

-        Sumitomo Shield Systemic Insecticide on mung beans. Submissions close 29 November 2025.

26.  AICIS opens consultation on draft evaluations

The Australian Industrial Chemicals Introduction Scheme (AICIS) is seeking comments on eight (8) draft evaluation statements, which cover 942 chemicals.

The chemicals all fall under one of the following subjects/topics:

·        Azo dyes based on 5-nitro-2-thiazolamine and toluenediamine derivatives;

·        Urea, N'-(3,4-dichlorophenyl)-N,N-dimethyl- (Diuron);

·        Zinc and zinc manufacturing by-products;

·        2-Propenoic acid, 2-methyl-, 1,1′-[(1-methylethylidene)di-4,1-phenylene] ester  (Bisphenol A dimethacrylate);

·        Chemicals not considered for in depth evaluation – Not commercially active in Australia;

·        Benzoic acid, 2-hydroxy-, 2-ethylhexyl ester (Ethylhexyl salicylate);

·        Chemicals that are unlikely to require further regulation to manage risks to environment; and

·        Halons listed on the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

For many of the affected chemicals, AICIS proposes no new risk management measures following its evaluation. For others, it recommends measures such as varying the terms of the AICIS inventory and additional information requirements.

Submissions are due by 28 November 2025.

27.  AICIS updates rolling action plan to evaluate PFAS chemicals

On 24 October 2025, AICIS announced it had updated its Rolling Action Plan to evaluate the introduction and use of 522 per- and poly-fluoroalkyl substances (PFAS).

AICIS registrants will be required to provide information on whether they import or manufacture PFAS in Australia as part of this work.

28.  AICIS approves new chemicals

On 15 October 2025, AICIS approved the following chemicals for various uses:

·        Boronitrene

·        Cobalt sulfide (CoS)

·        Carbamic acid, N,N′-1,6-hexanediylbis-, C,C′-bis[2-[2-(1-ethylpentyl)-3-oxazolidinyl]ethyl] ester

·        Butanal, 4-(3,3,4-trimethylcyclopentylidene)-, (4E)-

·        Cement copper

·        2H-2,4a-Methanonaphthalen-1(5H)-one, hexahydro-5,5-dimethyl-2-propyl-, (2R,4aR,8aS)-rel-

·        Sulfuric acid, compd. with graphite.

New Zealand

29.  NZ Ministry for Regulation initiates product labelling review

In October 2025 the New Zealand Ministry for Regulation completed consultation on its review of product labelling regulations, to identify opportunities to reduce labelling barriers. The review applies to products over a large range of sectors, but will include:

-        Supermarket product labelling;

-        Food and beverage labelling (including alcoholic and non-alcoholic beverages);

-        Dietary supplements (in particular those for export);

-        Over the counter medicines; and

-        Digital/online labelling.

The final report is expected to be released prior to 25 December 2025.

30.  NZ Commerce Commission reviews Supply of Grocery Code

On 16 October 2025, the NZ Commerce Commission published its final report into a review of the Grocery Supply Code. As a result, a new “Grocery Supply Code 2025” will come into effect on either:

a)     1 May 2026; or

b)     At a later date once the Code’s penalties have been confirmed (a process led by the Ministry of Business Innovation and Employment).

The final report recommends changes from the current code in relation to:

·        Supplier retaliation;

·        The practice of retailers ordering excess stock at a promotional price to sell after a promotional period;

·        Removal of ability for retailers to charge suppliers where groceries become unfit for sale whilst in control of the retailer (e.g. for goods that become damages whilst in store);

·        Record-keeping requirements for unilateral variations.

In recommending these changes, the NZ Commerce Commission’s primary focus was protecting against situations where there is an imbalance in negotiating power.

31.  NZ MPI exempts home kitchens manufacturing cakes from food control plan

On 30 October 2025, the NZ MPI published a food notice that provides the following exemptions from the requirement to operate under a food control plan or national programme:

• Home-based cake-makers of shelf-stable cakes that are produced in a home kitchen and sold direct to consumer; and
• Home-based decorators of shelf-stable cakes that are produced in a home kitchen and sold direct to consumer.

In this November 2025 edition of FoodLegal Bulletin, we discuss the requirements for home-based food businesses in more detail.

32.  NZ Commerce Commission fines HelloFresh for misleading consumers

On 17 October 2025, the NZ Commerce Commission issued fines totalling NZ $845,000 to HelloFresh New Zealand for breaches of the NZ Fair Trading Act.

HelloFresh pleaded guilty to engaging in conduct which misled consumers into reactivating their subscriptions. HelloFresh engaged in ‘cold calling’ over an 18 month period amounting to over 1 million calls. Over 80,000 subscriptions were re-activated during this time. The charges followed a high number of consumer complaints received by the NZ Commerce Commission.

33.  NZ MPI confirms existing glyphosate residue limits for wheat, barley and oats

On 30 October 2025, the NZ MPI confirmed the existing residue limits for glyphosate will remain at 0.1mg/kg in response to stakeholder feedback.

34.  NZ MPI seeks submissions on import standard for table grapes

On 23 October 2025, the NZ MPI called for comments on proposed changes to import requirements for fresh table grapes for human consumption. Submissions close 19 January 2026.

35.  New Zealand seeks submissions for supplementary notices for organic product regulations

On 28 October 2025, the New Zealand MPI called for comments on an Organic Standards Notice intended to supplement the Organic Products and Production Regulations, as well as the Organic Standards Regulations.

The notice will identify technical information for operators and recognised entities, and will also cover record-keeping, accreditation, quality management and verification requirements.

Submissions close 5 December 2025.

European Union (EU)

36.  EU votes to ban “meat” names on plant-based products

On 8 October 2025 the European Parliament voted to ban use of the terms “sausage”, “steak” and “burger” on labels for plant-based foods.

The changes have been proposed despite a 2024 decision by the European Court of Justice 2024 that the existing laws were sufficient to protect consumers. The proposal must still be approved by a majority of European Union member states before it can come into effect.

37.  EU proposes to keep deforestation timeline in place for large companies

The European Commission has proposed that delays to the commencement of the European Union Deforestation Regulation (EUDR) should not apply to medium and large sized companies.

The EUDR was initially intended to apply from 30 December 2025, but was delayed in September 2025 due to IT capacity concerns that could inhibit compliance.

It is proposed that smaller business would face a delayed start date of 30 December 2026. European Parliament and council will evaluate this proposal prior to the end of 2025.

United Kingdom

38.  UK updates Food Law Codes of Practice

On 27 October 2025 the United Kingdom Food Standards Agency (FSA) updated the Food Law Codes of Practice and practice guidelines for England, Wales and Northern Ireland. Updates include:

·        Updating risk-based prioritisation of controls on food businesses;

·        Permitting additional control methods (e.g. remote assessments);

·        Expanding criteria of professionals who can complete certain activities regarding risk controls;

·        In Wales, the introduction of a new Food Standards Delivery Model.

39.  UK bans “buy one, get one free” deals for unhealthy food

On 1 October 2025, the UK Department of Health and Social Care banned price or multibuy promotions by online retailers and supermarkets on unhealthy food and drink. The ban comes as a proposed method to reduce rates of obesity.

Whether a food is ‘unhealthy’ is determined according to a classification system that is based on the nutritional profile of the product. The same classification system is used in the UK to determine whether a product will be the subject of ‘junk food’ advertising bans, which prevent the advertisement of unhealthy foods on television before 9pm.

United States of America

40.  California bans the most ultra processed foods

On 8 October 2025, California passed a law banning the most ultra processed foods. The law enables the State Department of Public Health to adopt regulations to define “ultra processed foods of concern” and “restricted school foods”.

Foods containing sucralose or other sweeteners or food additives would qualify as ultra processed. School health officials have until 2028 to determine which ultra processed foods are of concern and bans will be phased in by 2035.

41.  US FDA investigates salmonella outbreak in moringa powder

On 7 November 2025, the US Food and Drug Administration (FDA) announced an investigation into illnesses associated with potential salmonella outbreak, which have been linked to a single lot of moringa leaf powder. The powder was supplier by a farm located in Jodhpur, India.

As a result of the investigation launch, the US FDA is recalling Member’s Mark Super Greens dietary supplement powders.

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