Mandatory fortification legal deficiencies exposed in peer-reviewed paper

By Joe Lederman
FoodLegal Lawyers and Consultants
© Lawmedia Pty Ltd, December 2009/January 2010

In recent issues of FoodLegal Bulletin, we have given prominent coverage to Australia’s recently introduced mandatory fortification standard for folic acid in breadmaking flour. In December 2009, Deakin Law Review published a fully referenced, peer-reviewed article by the FoodLegal Bulletin Editor, Mr Joe Lederman. The article discusses the legal deficiencies involved in the mandatory folic acid fortification and the vulnerability of affected consumers.

Deakin Law Review paper

Please click here to go to the paper, entitled "Protecting Legal Rights when Things Go Wrong: Legal Recourse if Madatory Fortification of a Food Were to Harm Human Health", published in Deakin Law Review ((2009) 14(2) DLR 367), on the legal deficiencies which currently exist in relation to the mandatory fortification of breadmaking flour with folic acid.

When an earlier version of this paper was presented by the writer at the International Food Law & Policy Symposium, it triggered an immediate debate between its writer and the Chief Scientist of Food Standards Australia New Zealand, as reported in the FoodLegal Bulletin article "Folic acid fortification mandate in debate".

Latest Developments

On Monday 14 December 2009, a leading Australian flour miller wrote an open letter addressed to the food industry expressing both his concerns and opposition to the mandatory fortification standard. To read this letter, please click here.

For additional background, read also about the Flour Fortification Initiative (FFI). The FFI has played an important role promoting mandatory folic acid fortification of flour in Australia and elsewhere. 

See also our previous FoodLegal Bulletin articles in relation to mandatory folic acid fortification:

This is general information rather than legal advice and is current as of 12 Dec 2015. 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.