FoodLegal

By Joe Lederman and John Thisgaard (FoodLegal Co-Principal Lawyers)   

© Lawmedia Pty Ltd, September 2026   

Food Standards Australia New Zealand (FSANZ) news:

1.     FSANZ commences assessment of applications to amend the Food Standards Code

FSANZ has commenced its assessment of the following Applications:

-        Application A1361 - Phospholipase A1 from Fusarium commune for use as a processing aid in the production of bread and bakery

-        products, and cereal and flour products.

-        Application A1360 - Mannanase from Aspergillus niger (gene donor: Evansstolkia leycettanus) for use as a processing aid in coffee processing

-        Application A1362 - Glucoamylase from Trichoderma reesei (gene donor: Fusarium verticillioides) for use as a processing aid.

A submission window for each Application will be announced at a later date.

2.     FSANZ gazettes changes to Food Standards Code

On 1 September 2026, FSANZ gazetted changes to the Australia New Zealand Food Standards Code (Food Standards Code) arising from the following applications:

-        Application A1329 - Exclusion of Blacklip Rock oysters farmed in the Northern Territory from the maximum level for cadmium in molluscs.

-        Application A1339 - 2′-FL, 3-FL, LNT, 3′-SL, and 6′-SL from GM Escherichia coli BL21 for use as nutritive substances in infant formula products.

-        Application A1340 - 2'-FL from GM Escherichia coli BL21 (gene donor: Akkermansia muciniphila) for use as a nutritive substance in infant formula products.

3.     FSANZ updates work plan

On 13 August 2026, FSANZ updated its work plan which outlines expected timelines and stages for all applications and proposals under consideration. Notably, FSANZ expects to:

-        Open a 2^nd round of submissions between February and April 2027 in relation to Proposal P1066 (Review of young child formula); and

-        Open for 2^nd round of submissions between mid September and late October 2026 in relation to Proposal P1067 (Health star rating system).

4.     FSANZ notifies ministers of amendments to Food Standards Code

On 17 August 2026, FSANZ approved the following Applications, which would amend the Food Standards Code if given final ministerial approval:

-        Application A1306 – Chitosan from white button mushrooms (Agaricus bisporus) for use as a processing aid.

-        Application A1338 – Triacylglycerol lipase from Komagataella phaffii (gene donor: Yarrowia lipolytica) for use as a processing aid.

-        Application A1345 - Dextransucrase from Bacillus subtilis (gene donor: Streptococcus salivarius) for use as a processing aid.

These decisions were notified to the Food Ministers Meeting. Food Ministers have 60 days (from the date of notification) to request a further review if required by the Ministers. Otherwise, the amendments will come into effect.

Australian Competition and Consumer Commission (ACCC) news:

5.     Federal Court decides eHarmony made misleading representations

On 25 August 2026, the Australian Federal Court found that online dating site eHarmony had made misleading representations about aspects of its online dating memberships. The ACCC initiated action in 2023 after receiving consumer complaints.

Although the case does not concern a food business, it highlights the importance of ensuring that any costs associated with a membership or subscription service are made clear to consumers, especially in an online context.

The Court found eHarmony engaged in the following conduct which breached the Australian Consumer Law:

-        Offering ‘free’ products when a consumer could not communicate for free;

-        Offering one-month memberships, when the minimum subscription period was actually six months;

-        Ability to cancel a subscription early was not actually offered;

-        Providing monthly subscription prices which didn’t mention an additional mandatory monthly fee; and

-        Failure to display a single minimum total subscription price.

The Court will decide on penalties and remedies at a later date.

6.     City Beach button battery appeal fails

On 19 August 2026, the Australian Federal Court dismissed an appeal by Fewstone Pty Ltd (trading as City Beach) in relation to a AUD$14 million penalty it was issued for selling button battery products that did not comply with mandatory safety and information standards for products containing button batteries. The non-compliant products included toys, digital notepads, keyrings and lights for crocs shoes that were marketed to children.

The trial judge, in December 2025, decided a AUD$14 million penalty was appropriate. City Beach alleged this penalty was manifestly excessive, however the Federal Court dismissed this claim primarily due to the safety concerns involved, even though City Beach may not have significantly profited from the breaching conduct. The penalty acts as a deterrent to businesses to avoid participating in similar conduct in future.

7.     Neptune Blankets pays penalties for consumer guarantee statements

On 9 September 2026, online retailer Dysck Pty Ltd (trading as Neptune Blanket) paid AUD$59,400 in penalties for making allegedly misleading statements to two consumers about their consumer guarantee rights and for not including mandatory wording in its warranty against defects.

Although this case did not concern a food business, it highlights the importance of ensuring compliance with mandatory consumer guarantees. Businesses cannot contract out of statutory consumer guarantees and must not make misleading statements about them.

8.     Lithium-ion battery fire extinguishers amend claims

On 21 August 2026 the ACCC announced that several suppliers of lithium-ion battery fire extinguishers had amended marketing claims after the ACCC raised concerns regarding potentially false or misleading representations about safety standard compliance.

In particular, the ACCC was concerned that some claims represented extinguishers intended for use on lithium-ion battery fires were compliant with Australian safety standards, when in fact there is currently no applicable standard covering the use of extinguishers on lithium-ion battery fires.

9.     ACCC appeals against Magnamail decision

On 24 August 2026 the ACCC filed an appeal against the Australian Federal Court’s July 2026 decision regarding allegations that Mangamail made false or misleading representations in mail order catalogue programs.

A single judge of the Federal Court previously found that Magnamail had not misled consumers by representing in its catalogues that they would be eligible to win a prize if they purchased an item, even though the price winners had all been pre-drawn.

No appeal date has been set yet by the Court.

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

10.  Final report published for khapra beetle risk analysis

On 27 August 2026 DAFF published its final report for the pest risk analysis for khapra beetle (Trogoderma granarium) – the highest pest priority for Australia’s grain industry and the second highest national priority plant pest. Australia is currently operating under emergency measures to reduce the risk of khapra beetle entering the country.

The final report contains a risk assessment for Khapra beetle, evaluates current emergency measures, and recommends one additional risk management measure for plants (in addition to keeping 7 existing measures).

11.  DAFF updates import requirements for fresh raw beef from the US and Canada

DAFF as updated import requirements for fresh raw (both chilled or frozen) beef and beef products from Canada and the US. Conditions include the following new requirements:

-        Consignments must have a recognised exporting government certificate to meet both biosecurity and food safety requirements. All consignments will be checked to verify compliance with this requirement.

-        All other consignments of beef and beef products from Canada and the US must meet certification requirements for Bovine Spongiform Encephalopathy.

-        All initial consignments will be referred for analytical testing under Australia’s Imported Food Inspection Scheme, and subsequent consignments will be inspected at a rate of 5% if the initial test passes assessment.

Other Australian regulatory news

12.  Action launched against sunscreen manufacture for alleged deceptive conduct

In September 2026, various media outlets reported that sunscreen brand Ultra Violette had initiated legal action against contract manufacturer Wild Child Laboratories in the Federal Court of Australia for allegedly misleading or deceptive conduct. This follows, and is in relation to, Wild Child recalling one of its SPF50+ sunscreens in 2025 following testing by consumer group Choice. That testing, according to the ACCC, showed the product contained an SPF of 4.

In defending the case, which was originally filed in April 2026, Wild Child Laboratories has argued that as the brand-owner, Ultra Violette was responsible for ensuring the SPF of the product met its label claim, and that companies it engaged to perform testing were ‘concurrent wrongdoers’.

Advanced Skin Technology has also alleged misleading and deceptive conduct by Wild Child Laboratories.

13.  TGA consults on proposed regulatory changes

The Therapeutic Goods Administration (TGA) has opened consultation periods for the following proposed changes:

-        The adoption of 11 international scientific guidelines. Submissions close 25 September 2026.

-        Proposed changes to automated decision making for applications to change listed medicines. Submissions close 30 September 2026.

-        Scheduling amendments for ethylene oxide, prolylene oxide and epichlorohydrin. All substances are currently listed in Schedule 7 of the Poisons Standard (Schedule 7). Submissions close 26 October 2026.

-        Proposed changes to required advisory statements for medicine labels. Submissions closed 4 September 2026.

14.  TGA proposes poisons standard amendments

On 11 September 2026, the TGA opened consultation on two proposals to amend the current scheduling of nitrous oxide in the Therapeutic Goods (Poisons Standard—June 2026) Instrument 2026 (Poisons Standard), to mitigate increasing public health risks from misuse. One of these proposals was initiated by the delegate, and one by a private applicant:

-        The TGA is proposing to prohibit supply and use of nitrous oxide for non-therapeutic purposes in amounts greater than 10g; and

-        A private applicant has proposed to remove the existing Schedule 6 entry, and instead classify nitrous oxide for non-therapeutic purposes as a controlled Schedule 8 drug. Proposed exceptions include for legitimate industrial, automotive and hospitality purposes.

The TGA is also seeking submissions on the scheduling of Vitamin A, Phenyl methyl ketone, MEKO-releasing silanes and 4-methylbenzylidene camphor (4-MBC). 4-MBC is an active ingredient used in some sunscreen products.

Consultation on these substances closes 12 October 2026.

15.  Ad Standards determinations made

Industry body Ad Standards has made the following determinations regarding advertising compliance with Australian Association of National Advertisers (AANA) codes of conduct during August 2026:

-        3 television advertisements by McDonalds Australia were found to be misleading or deceptive. The relevant advertisements promoted a ‘99c delivery fee’ but this was found to be misleading as delivery app products are priced significantly more than non-app products.

Therefore, Ad Standards found that consumers would think the only additional cost of choosing delivery rather than pickup is the delivery fee when this is not the case, considering the overall fees paid. It is important to note that Ad Standards is an industry body comprised of community representatives and does not make decisions to the same legal standard as a Court.

-        An Instagram advertisement posted by Cacao Collective made numerous health claims in relation to heart health which could not be substantiated, and referred to a broad study which could not be shown to apply to the product.

16.  AICIS categorisation guidelines come into effect

On 1 September 2026, the annual release of updated Industrial Chemicals Categorisation Guidelines too effect. The primary changes include:

-        Adding 293 new entries based on updates to external sources;

-        Updating details for 122 existing entries;

-        Removing 2 chemicals, as they no longer appear in source documents;

-        Correcting the CAS number for bis(pentachlorophenyl) carbonate;

-        Adding 5 chemicals to part 6.5.2 (information required to demonstrate absence of developmental toxicity);

-        New single definition of ‘chemical identity holder’.

Separately, AICIS has added Gnidia daphnifolia, ext. (CAS no. 2207590-23-4) to the Australian Inventory of Industrial Chemicals (Inventory) following assessment. The chemical is subject to specified use cases and concentrations beyond which its entry is out of scope.

17.  APVMA to update code of Good Manufacturing Practice for veterinary chemical products

On 17 August 2026, the Australian Pesticides and Veterinary Medicines Authority (APVMA) opened consultation on a draft updated Australian code of Good Manufacturing Practice for veterinary chemical products.

The proposed updates aim to bring the code in line with modern manufacturing techniques, digital document management and pharmaceutical industry practices.

Submissions close 20 November 2026.

International regulatory developments

18.  Codex adopts new guidelines on precautionary allergen labelling

On 7 July 2026, the Codex Alimentarious Commission adopted new international guidelines on precautionary allergen labelling (PAL), which refers to the labelling of allergens that are not intentionally added to food but may be present as a result of cross contact.

The new Codex guidance establishes a harmonised and risk-based approach for PAL. “May contain” statements should only be used after food manufacturers have implemented suitable allergen management practices and conducting scientific assessment showing residual risk from an unintended allergen presence remains. This requirement has been the basis of the VITAL program since 2007.

New Zealand

19.  NZ court orders penalties against TV Shop for misleading reviews

On 11 August 2026, Brand Developers Ltd, trading as The TV Shop, was ordered by the NZ District Court to pay NZ$1.1million in penalties for a range of conduct. Included in this conduct, company staff members posted positive product reviews without disclosing company affiliations. The TV Shop also systematically removed some negative reviews from its website, as reviews with between 1-3 stars would not be published unless a customer responded to a follow up email.

The Court instituted a high penalty primarily because evidence was adduced that the conduct was ‘deliberate and systematic’.

20.  MRLs for Agricultural Compounds come into effect

On 31 August 2026, the New Zealand Ministry for Primary Industries (NZ MPI) uploaded a food notice for MRLs in Agricultural Compounds. The document, which came into effect on 10 September 2026, replaces the previous February 2026 version. Several new and varied entries for chemical limits in food are included.

21.  NZ MPI proposes various regulatory amendments

The NZ MPI has opened consultation on the following:

-        Updated to the Organic Standards Regulations (including whether a national organic mark in New Zealand should be regulated). Consultation closes 22 September 2026.

-        A proposed new Import Health Standard for Specified Animal Products for Human Use. This would replace the IHS for Specified Animal Products as well as some standards for meat and meat products. Consultation closes 18 September 2026.

-        Proposed amendments to the Animal products Notice (production, supply and processing of fish). Consultation closes 23 September 2026.

United States

22.  US restricts Canadian food imports as part of trade dispute

During September 2026, the US intends to place restrictions on several food commodities imported from Canada, as part of an ongoing trade dispute.

Several Canadian whey products will be prohibited for import to the US from 29 September 2026. Canada has previously imposed tariffs of up to 50% on US whey, casein, milk and other dairy ingredients.

23.  California proposes official ‘non-ultraprocessed food’ certification

On 30 August 2026 the Californian government passed a bill that would create an official ‘non-ultraprocessed certified’ label that could be used by products that did not meet the definition of an ultraprocessed food. The bill needs to be signed by the Governor before it becomes law.

California was the first US state to introduce a legislative definition of ‘ultraprocessed food’. In this September 2026 edition of FoodLegal Bulletin, we discuss regulatory

European Union (EU)

24.  EU proposes further restrictions on plant-based naming

The European Parliament Committee on Agriculture and Rural Development (AGRI) has introduced proposed new legislative amendments to protect use of the terms “burger”, “hamburger”, “sausage”, “nugget”, “schnitzel”, “meatball” and more. AGRI is due to examine this issue on 2 September 2026. Protecting these terms would restrict or prohibit them from being used in conjunction with plant-based versions of these products.

In March 2026, the EU introduced similar restrictions for terms such as “beef”, “chicken”, “bacon”, “steak” and “liver” whilst allowing plant-based alternatives for “burger”, “nugget” and “sausage”.

25.  EU packaging rules in effect

On 12 August 2026 new food contact material requirements came into effect for products imported into or sold in the EU.

Packaging and food contact materials must comply with limits on the concentration of per- and polyfluorinated alkyl substances (PFAS), which range between 25-250 parts per billion according to the type of packaging. Under the new requirements, documentation must be available to demonstrate compliance with these requirements, and all packaging must be recyclable by 2030.

This is general information rather than legal advice and is current as of 15 Sep 2026. We recommend you seek legal advice for your specific circumstances before making any commercial decisions.